- 14 - 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.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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