113 T.C. No. 17 UNITED STATES TAX COURT COMPAQ COMPUTER CORPORATION AND SUBSIDIARIES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 24238-96. Filed September 21, 1999. In a prearranged transaction designed to eliminate typical market risks, P purchased and immediately resold American Depository Receipts (ADR's) of a foreign corporation on the floor of the NYSE. As a result of the transaction, P was the shareholder of record of 10 million ADR's on the dividend record date and received a dividend of $22,545,800 less withheld foreign taxes of $3,381,870. P also recognized a $20,652,816 capital loss on the sale of the ADR's, which was offset against previously realized capital gains. The net cash-flow from the transaction, without regard to tax consequences, was a $1,486,755 loss. Held: The transaction lacked economic substance, and the foreign tax credit claimed by P will be disallowed. Held further: An accuracy-related penalty will be imposed due to petitioner's negligence.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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