- 8 - nature of a compulsory income tax under U.S. law. The same factual predicate thus applies under both provisions. Respondent’s notices of deficiency disallowing the credits included statements similar to that in docket No. 19358-98: “It is further determined that since you have not established that the foreign taxes were paid and/or incurred the credits are not allowed in their entirety.” Subsequently, the parties stipulated that David Deitsch, Joseph Deitsch, Jacob Pinson, and Rachel Sandman “made the following income tax payments to the State of Israel during the taxable years 1991, 1992 and 1994”, and then listed the corresponding dollar amounts under the heading “Israeli Income Tax Paid”. Petitioners apparently, and we believe reasonably, viewed these stipulations as settling the question of whether the payments were properly characterized as foreign income taxes within the meaning of sections 164 and 901. At the trial which followed submission of the above stipulations, neither party presented evidence relating to the nature of the taxes paid. The availability of the section 901 credit was litigated on the basis of whether the payments petitioners received from their Israeli corporation were U.S. or foreign source income. Considerations of income source can reduce or eliminate the amount that may be taken as a credit under section 901, see sec. 904(a), but have no bearing on the section 164(a)(3) deduction. Nonetheless, on brief respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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