Robert A. Stanford and Susan Stanford - Page 11

                                       - 11 -                                         
          in earnings and profits of CFC’s could be used to reduce subpart            
          F income of U.S. shareholders regardless of the manner by which             
          the profitable and the unprofitable CFC's were related to each              
          other within the chain (i.e., regardless of whether the                     
          profitable and the unprofitable CFC's had a parent/subsidiary or            
          a brother/sister relationship).  Also, deficits in earnings and             
          profits of CFC’s could be used to reduce subpart F income of U.S.           
          shareholders regardless of whether the various CFC’s within the             
          chain were engaged in similar or related business activity.1                
               In 1986, section 952(d) was repealed, effective for any year           
          ending after 1986.  Tax Reform Act of 1986, Pub. L. 99-514, sec.            

          1    Sec. 952(d), as applicable through 1986, provided, in part,            
          as follows:                                                                 
                    (d) Special Rule in Case of Indirect Ownership.--For              
               purposes of subsection (c) [limitation on Subpart F income],           
               if--                                                                   
                         (1) a United States shareholder owns * * *                   
                    [directly or indirectly] stock of a foreign                       
                    corporation, and by reason of such ownership owns * * *           
                    [directly or indirectly] stock of any other foreign               
                    corporation, and                                                  
                         (2) any of such foreign corporations has a deficit           
                    in earnings and profits for the taxable year,                     
               then the earnings and profits for the taxable year of each             
               such foreign corporation which is a controlled foreign                 
               corporation shall, with respect to such United States                  
               shareholder, be properly reduced to take into account any              
               deficit described in paragraph (2) in such manner as the               
               Secretary shall prescribe by regulations.                              
          See also sec. 1.952-1(d)(2), Income Tax Regs., as in effect                 
          through 1986.                                                               





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011