ICI Pension Fund, ICI Pensions Trustees Limited, Trustee - Page 3




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          (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, and                   

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