Compaq Computer Corporation and Subsidiaries - Page 7




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               During 1992, Compaq U.K. declared and paid a dividend of               
          ^11,800,000 to petitioner.  As a result of paying the dividend,             
          Compaq U.K. became liable for and paid ACT in the amount of                 
          ^3,933,333.  Upon payment of the ACT, Compaq U.K. became                    
          entitled to a corporate offset against its mainstream corporate             
          income tax.  Additionally, pursuant to Article 10 of the U.S.-              
          U.K. Convention, petitioner became entitled to a payment from the           
          United Kingdom equal to one-half of the shareholder credit to               
          which an individual shareholder resident of the United Kingdom              
          would have been entitled.                                                   
               Compaq U.K. surrendered the corporate offset to the U.K.               
          Subs. instead of using it against Compaq U.K. tax.  The U.K.                
          Subs. used the corporate offset to reduce their 1992 U.K.                   
          mainstream tax liability.  The U.K. Subs. did not pay any                   
          dividends during 1992.                                                      
               Petitioner, pursuant to Rev. Proc. 80-18, 1980-1 C.B. 623,             
          modified by Rev. Proc. 81-58, 1981-2 C.B. 678; and Rev. Proc. 84-           
          60, 1984-2 C.B. 504, and amplified and clarified by Rev. Proc.              
          90-61, 1990-2 C.B. 657, did not claim a foreign tax credit for              
          the unrefunded portion of the ACT paid by Compaq U.K.  Following            
          the opinion of the U.S. Court of Appeals for the Federal Circuit            
          in Xerox Corp. v. United States, 41 F.3d 647 (Fed. Cir. 1994),              
          revg. 14 Cl. Ct. 455 (1988), petitioner made an informal claim              








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