- 23 - performed work for FIL outside of the United States during the years in issue, respondent avers that the payments constitute U.S. source income. As regards the payments to DPP, respondent again contends that petitioners should be bound by their representations that such sums were in the nature of compensation for services. Respondent further argues, however, that the funds are properly characterized as income to DPC, not DPP. In respondent’s view, the alleged termination of the 1980 assistance agreement and the creation of DPP were merely a scheme to eliminate corporate level tax, unaccompanied by actual change in the entities’ relationship and evidenced through continued adherence to the 15-percent payment formula. Hence, according to respondent, the amounts reported by individual family members must be viewed as constructive dividends from DPC and, consequently, as U.S. source income from a domestic corporation. Given the above designation of both types of payments as U.S. source income, respondent disallows petitioners’ claimed foreign tax credits. Respondent also denies such credits on the alternative basis that petitioners have failed to establish that the Israeli withholding is a creditable tax. In addition, respondent argues that DPC is liable for corporate level tax on the amounts reported by DPP.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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