The Limited, Inc. - Page 26




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          being paid).”9  S. Rept. 1881, supra, 1962-3 C.B. at 794; accord            
          H. Rept. 1447, supra, 1962-3 C.B. at 469.                                   
               Because U.S. property was defined to include, in general,              
          all tangible and intangible property located in the United                  
          States, the scope of the repatriation provision proved too broad            
          for Congress, which, in 1976, limited it.  See Tax Reform Act of            
          1976, Pub. L. 94-455, sec. 1021(a), 90 Stat. 1525 (adding section           
          956(b)(2)(F) and (G)).  H.R. 10612, 94th Cong., 2d Sess. (1975),            
          is the bill that, when enacted, became the Tax Reform Act of                
          1976.  The committee reports accompanying H.R. 10612, both in the           
          House and the Senate, state the committees’ views that the scope            
          of the repatriation provision is too broad.  H. Rept. 94-658                
          (1975), 1976-3 C.B. (Vol. 2) 701, 908; S. Rept. 94-938 (1976),              
          1976-3 C.B. (Vol. 3) 57, 226.  Both reports state that the                  
          repatriation provision may have encouraged foreign corporations             
          to invest their profits abroad, with a detrimental effect upon              
          the U.S. balance of trade:  “For example, a controlled foreign              
          corporation looking for a temporary investment for its working              
          capital is, by this provision, induced to purchase foreign rather           


          9    As originally enacted, sec. 956(b)(2) contained only the               
          exceptions set out as secs. 956(b)(2)(A) through (E) plus an                
          exception for assets of the controlled foreign corporation equal            
          to certain accumulated earnings and profits already subject to              
          income taxation in the United States (i.e., the “last category”             
          referred to in the quoted language from the report of the                   
          Committee on Finance).  The exception set out as sec.                       
          956(b)(2)(F) was added by the Tax Reform Act of 1976, Pub. L. 94-           
          455, sec. 1021(a), 90 Stat. 1520.                                           




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