Jacob and Chana Pinson, et al. - Page 22




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          otherwise compensated therefor), the payments constitute                    
          dividends from a foreign source received by DPP on behalf of the            
          shareholder-partners.                                                       
               Based then on the above characterizations as foreign source            
          income, petitioners assert that they are entitled to foreign tax            
          credits for the taxes paid to the Israeli Government on the                 
          special commissions and that both types of payments are to be               
          included in calculating the amount of the credits.  In the                  
          alternative, if the claimed credits are reduced or disallowed,              
          petitioners seek a deduction for foreign taxes paid.                        
               Lastly, petitioners dispute application of the section                 
          6662(a) penalty on the grounds that they acted reasonably and in            
          good faith in relying on a professional tax adviser, with respect           
          to complex matters.                                                         
               B.  Respondent’s Position                                              
               Conversely, respondent asserts that petitioners’                       
          characterizations impermissibly seek to reduce U.S. income taxes            
          through improper claiming of foreign tax credits and assigning of           
          income among entities.  Concerning the special commissions,                 
          respondent maintains that petitioners should not be permitted to            
          depart from the position repeatedly taken for both U.S. and                 
          Israeli reporting purposes that the amounts represented                     
          compensation for services.  Moreover, since no recipient                    








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