- 24 - Finally, respondent alleges that petitioners’ improper attempts to manipulate the Internal Revenue Code, inconsistent reporting and statements, and failure to review their returns render them liable for the section 6662(a) accuracy-related penalty. II. Proper Tax Treatment of Payments A. General Rules 1. Foreign Taxes and Sources of Income Payment of taxes to a foreign Government may give rise to either a deduction or a credit. See secs. 164, 901. Section 164(a)(3) provides that a deduction is allowed for foreign income taxes. In lieu of this deduction, section 901(a) and (b)(1) permits a taxpayer to elect a credit for foreign income taxes which meet the requirements set forth in the statute and the regulations promulgated thereunder. Section 904(a), however, places the following limitation on the amount of the foreign tax credit: The total amount of the credit taken under section 901(a) shall not exceed the same proportion of the tax against which such credit is taken which the taxpayer’s taxable income from sources without the United States (but not in excess of the taxpayer’s entire taxable income) bears to his entire taxable income for the same taxable year. To determine the source of income, reference must be made to the source rules enumerated in sections 861 and 862. Section 861(a)(2)(A) and (3) states that, in general, dividends from aPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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