Compaq Computer Corporation and Subsidiaries - Page 14




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          approximation of U.S. income tax on $1.9 million in income.)  If            
          we follow petitioner's logic, however, we would conclude that               
          petitioner paid approximately $4 million in worldwide income                
          taxes on that $1.9 million in profit.                                       
               Petitioner cites several cases, including Levy v.                      
          Commissioner, 91 T.C. 838, 859 (1988); Gefen v. Commissioner, 87            
          T.C. 1471, 1492 (1986); Pearlstein v. Commissioner, T.C. Memo.              
          1989-621; and Rubin v. Commissioner, T.C. Memo. 1989-484, that              
          conclude that the respective transactions had economic substance            
          because there was a reasonable opportunity for a "pretax profit".           
          These cases, however, merely use "pretax profit" as a shorthand             
          reference to profit independent of tax savings, i.e., economic              
          profit.  They do not involve situations, such as we have in this            
          case, where petitioner used tax reporting strategies to give the            
          illusion of profit, while simultaneously claiming a tax credit in           
          an amount (nearly $3.4 million) that far exceeds the U.S. tax (of           
          $640,000) attributed to the alleged profit, and thus is available           
          to offset tax on unrelated transactions.  Petitioner's tax                  
          reporting strategy was an integrated package, designed to produce           
          an economic gain when--and only when--the foreign tax credit was            
          claimed.  By reporting the gross amount of the dividend, when               
          only the net amount was received, petitioner created a fictional            
          $1.9 million profit as a predicate for a $3.4 million tax credit.           







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