Jacob and Chana Pinson, et al. - Page 23




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          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.                                                








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