- 13 - party banks. Without the advances, petitioner would not have been able to conduct its real estate development activities as well as maintaining and holding the Ginter and Gomes properties from 1988 through 1991. Petitioner did not elect under section 882(d) to treat any of its income from real estate activity as effectively connected with a U.S. trade or business. OPINION The primary controversy concerns whether petitioner is liable for the excess interest tax pursuant to section 884(f)(1)(B).4 Section 884, here considered by this Court for the first time, was enacted to create parity between foreign corporations that choose to operate in branch form and those that choose to operate through a domestic subsidiary in the United States.5 See H. Conf. Rept. 99-841 (Vol. II), at II-646 to II- 647 (1986), 1986-3 C.B. (Vol. 4) 1, 647-648; Staff of Joint Comm. 4 This subsection is part of the statutory provisions referred to as the branch tax regime. 5 Although included in subsec. (f) of sec. 884, the branch tax regime is a self-contained group of provisions intended to achieve parity between branch operations and domestic subsidiaries of foreign corporations. The application of these provisions is complicated due to their complexity, lack of specific definitions, and reliance on Internal Revenue Code concepts that do not necessarily comport with the sec. 884 structure. Artificial bases are used to reach parity, and certain distinctions made in other portions of income taxation are ignored for purposes of the branch tax laws. These attributes have made our analysis more difficult.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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