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Returns for U.S. Source Income of Foreign Persons, and 1991 and
1993 Forms 1042S, Foreign Person's U.S. Source Income Subject to
Withholding. (The agents and financial intermediaries 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 petitioner. These
forms also were not signed by either of these two. Forms 1042
and 1042S make no provision for signature by the persons from
whom taxes are withheld.
On June 8, 1992, petitioner submitted to respondent a 1991
Form 990-T, Exempt Organization Business Income Tax Return,
claiming a refund of $867,222 in income taxes. Petitioner's
claim was based on its assertion that the Fund was a tax-exempt
organization under section 501(c)(5). The information listed on
the 1991 Form 990-T included petitioner's name, address, and
employer identification number and its claim that it was entitled
to a $867,222 refund for "ERRONEOUS WITHHOLDING". On or about
April 15, 1993, respondent refunded to petitioner the $867,222
amount that had been withheld for 1991.
On April 28, 1995, petitioner submitted to respondent a 1993
Form 990-T, claiming a refund of $606,120 in income taxes.
Petitioner's claim was based on its assertion that the Fund was a
tax-exempt organization under section 501(c)(5). The information
listed on the 1993 Form 990-T included petitioner's name,
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Last modified: May 25, 2011