Compaq Computer Corporation and Subsidiaries - Page 22




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          allowing a foreign tax credit for the ACT paid by a first-tier              
          subsidiary, even if that corporation allocates the corporate                
          offset to one of its subsidiaries, results in no extra burden               
          upon the U.S. Treasury.                                                     
               On the basis of the foregoing analysis, we hold that,                  
          pursuant to Article 23(c)(1) of the U.S.-U.K. Convention, the               
          payor of the ACT is the corporation that pays the dividend and              
          the corresponding ACT, regardless of that corporation's use of              
          the corporate offset or allocation of that offset to one of its             
          subsidiaries.9  Accordingly, section 902(a) applies to the                  
          dividend received by petitioner in 1992.  Petitioner, therefore,            
          is entitled to a foreign tax credit under section 901(a) for the            
          payment of the ACT.  We have considered the parties' remaining              
          arguments and find them irrelevant or unnecessary to reach.                 
               To reflect the foregoing, and the prior opinions in the                
          instant case,                                                               
                                             An appropriate order will                
                                        be issued.                                    





          9    We have been able to ascertain the intent of the signatories           
          from the plain meaning of the language of Article 23 as well as             
          from the structure of the U.S.-U.K. Convention itself.                      
          Consequently, we have not relied on extraneous statements made by           
          the various parties to the treaty negotiations and attached to              
          petitioners' motion.                                                        





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