- 3 - (ICI). The Fund does not engage in a trade or business in the United States. It does not have income effectively connected with a U.S. trade or business. It does not have income attributable to a permanent establishment in the United States. During 1991 and 1992, the Fund received dividends on stock it owned in certain domestic corporations. These dividends were subject to Federal income tax withholding in the amounts of $1,550,065 for 1991 and $1,627,006 for 1992. Banker's Trust Co. (Banker's Trust), the withholding agent for the payments, withheld the required amounts of tax and remitted the withheld amounts to respondent. Banker's Trust filed with respondent Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons, and Form 1042S, Foreign Person's U.S. Source Income Subject to Withholding, on April 13, 1992 (for 1991), and on June 9, 1993 (for 1992). (Banker's Trust had previously issued the Fund copies of the Forms 1042S.) These forms were not required to, and did not, list the taxpayer identification number of either the Fund or ICI. These forms also were not signed by either of the two. Forms 1042 and 1042S make no provision for signature by the persons from whom taxes are withheld. On August 12, 1992, the Fund submitted to respondent a 1991 Form 990-T, Exempt Organization Business Income Tax Return, claiming a refund of $1,550,065 in income taxes. The Fund's claim was based on its assertion that it was a tax-exempt organization under section 501(c)(5). The information listed on the 1991 Form 990-T included the Fund's name, address, andPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011