Jacob and Chana Pinson, et al. - Page 39




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          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 special                    






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