Compaq Computer Corporation and Subsidiaries - Page 8




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          for refund for additional foreign tax credits for the ACT                   
          payment.  Respondent disallowed the refund.                                 
                                     Discussion                                       
               Section 901(a) allows a domestic corporation to claim a                
          foreign tax credit for taxes "deemed to have been paid under                
          sections 902 and 960."  Section 902 provides, inter alia:                   
                    SEC. 902. DEEMED PAID CREDIT WHERE DOMESTIC                       
                              CORPORATION OWNS 10 PERCENT OR MORE OF                  
                              VOTING STOCK OF FOREIGN CORPORATION.                    
                    (a) Taxes Paid by Foreign Corporation Treated as                  
               Paid by Domestic Corporation.--For purposes of this                    
               subpart, a domestic corporation which owns 10 percent                  
               or more of the voting stock of a foreign corporation                   
               from which it receives dividends in any taxable year                   
               shall be deemed to have paid the same proportion of                    
               such foreign corporation's post-1986 foreign income                    
               taxes as--                                                             
                         (1) the amount of such dividends                             
                    (determined without regard to section 78),                        
                    bears to                                                          
                         (2) such foreign corporation's post-1986                     
                    undistributed earnings.                                           
                    (b) Deemed Taxes Increased in Case of Certain 2nd                 
               and 3rd Tier Foreign Corporations.--                                   
                         (1) 2nd tier.--If the foreign                                
                    corporation described in subsection (a)                           
                    (hereinafter in this section referred to as                       
                    the "1st tier corporation") owns 10-percent                       
                    or more of the voting stock of a 2nd foreign                      
                    corporation from which it receives dividends                      
                    in any taxable year, the 1st tier corporation                     
                    shall be deemed to have paid the same                             
                    proportion of such 2nd foreign corporation's                      
                    post-1986 foreign income taxes as would be                        
                    determined under subsection (a) if such 1st                       
                    tier corporation were a domestic corporation.                     






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