- 13 - in income taxes is obvious--Compaq realized a net profit with respect to the Royal Dutch ADR arbitrage. That net profit, appropriately, was subject to tax. Petitioner's calculation of its alleged profit is as follows: ADR transaction: ADR purchase trades ($887,577,129) ADR sale trades 868,412,129 Net cash from ADR transaction ($19,165,000) Royal Dutch dividend 22,545,800 Transaction costs (1,485,685) PRETAX PROFIT $1,895,115 Petitioner asserts: Stated differently, the reduction in income tax received by the United States was not the result of a reduction in income tax paid by Compaq. Each dollar of income tax paid to the Netherlands was just as real, and was the same detriment to Compaq, as each dollar of income tax paid to the United States. Even Respondent's expert acknowledged this detriment, and that Compaq's worldwide income tax increased as a result of the Royal Dutch ADR arbitrage. A "tax benefit" can be divined from the transaction only if the income tax paid to the Netherlands with respect to Royal Dutch dividend is ignored for purposes of computing income taxes paid, but is included as a credit in computing Compaq's U.S. income tax liability. Such a result is antithetical to the foreign tax credit regime fashioned by Congress. In the complete absence of any reduction in income tax, it is readily apparent that Compaq could not have engaged in the transaction solely for the purpose of achieving such an income tax reduction. Petitioner's rationale is that it paid $3,381,870 to the Netherlands through the withheld tax and paid approximately $640,000 in U.S. income tax on a reported "pretax profit" of approximately $1.9 million. (The $640,000 amount is petitioner'sPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011