Compaq Computer Corporation and Subsidiaries - Page 9




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               The parties disagree as to which corporation is the payor of           
          the ACT and, consequently, disagree as to whether section 902(a)            
          or 902(b) applies to the dividend received by petitioner during             
          1992.  Petitioners contend that, for foreign tax credit purposes,           
          the payor of the ACT is the corporation that pays the dividend              
          and the corresponding ACT.  Petitioners further contend that the            
          subsequent use or allocation of the corporate offset is                     
          irrelevant.  Petitioners, therefore, argue that they are entitled           
          to a foreign tax credit under section 902(a) because, during                
          1992, petitioner received a dividend from a 10-percent-owned                
          subsidiary that paid taxes to a foreign government during 1992.             
               Respondent disagrees with petitioners' contentions and                 
          argues that, for purposes of the foreign tax credit, the payor of           
          the ACT is the corporation that uses the corporate offset.                  
          Accordingly, respondent argues that the U.K. Subs., rather than             
          Compaq U.K., must be viewed as the payors of the ACT in 1992.               
          Respondent further argues that, because the U.K. Subs. did not              
          pay a dividend to Compaq U.K. during 1992, no portion of the ACT            
          paid by the U.K. Subs. can be attributed, pursuant to section               
          902(b), to the dividend distributed in 1992 by Compaq U.K. to               
          petitioner.                                                                 
               To support their respective positions, both parties rely on            
          Article 23 of the U.S.-U.K. Convention, which addresses the                 
          foreign tax credit treatment of the ACT.  The relevant portion of           






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