- 3 - 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,Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011