- 39 - Petitioners also never reported the amounts as dividends on their Schedules B, although as noted previously, sums from other of their partnership entities were so listed. Further, with few exceptions petitioners’ returns inexplicably characterize the DPP income as derived from a foreign source in 1991, 1993, and 1994, but not in 1992. Moreover, the returns claiming foreign source treatment repeatedly place the payments in the “General limitation income” category, rather than in the “Passive income” category. Based on the aforementioned instructions for Form 1116, such a choice is not consistent with the payments’ being in the nature of dividends but is appropriate for compensation. Documentation pertaining to DPP and FIL is similarly devoid of any hint that the payments were dividends as opposed to compensation. Combined financial statements including DPP show the amounts as “consulting income” earned from FIL. In addition, DPP’s returns and Schedules K report the payments as “Ordinary income (loss) from trade or business activities” and specify the type of income as “consulting”. FIL likewise reported and deducted the payments as “selling expenses” on its financial statements and tax returns, and no dividend is recorded thereon as having been paid. Furthermore, the conclusions of the Israeli authorities regarding the payments to DPP were identical to those reached about the specialPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011