Jacob and Chana Pinson, et al. - Page 24




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               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 a              






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