Jacob and Chana Pinson, et al. - Page 16




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          reported the payments on the wrong line of the returns and, in              
          some cases, misdescribed them on schedules attached to returns”             
          should not estop petitioners from prevailing on this point.                 
               Although FIL’s status as a CFC was not previously raised or            
          relied upon by either party, we believe that the clarification              
          advocated by respondent is warranted to prevent any confusion.              
          We shall grant respondent’s motion and supplement our memorandum            
          opinion to the extent of the above explanation regarding the                
          treatment of dividends received from a CFC.  However, we decline            
          petitioners’ invitation to alter our original holding that the              
          special commission payments must be treated as U.S. source                  
          compensation income.                                                        
               Contrary to petitioners’ averments, we are satisfied that,             
          regardless of the interpretation to be placed on petitioners’               
          Form 1116 reporting, the standards governing substance over form            
          arguments continue to support the result reached in our previous            
          opinion.  At best, we are still faced with a record fraught by              
          ambiguity and inconsistencies.  Moreover, not a single document             
          contained therein makes any affirmative or explicit                         
          representation that the payments were in the nature of dividends.           
          To the contrary, and we summarize only briefly here, petitioners’           
          Forms 1040, U.S. Individual Income Tax Returns, and Schedules B,            
          Interest and Dividend Income, do not show the special commissions           
          as dividends.  FIL’s financial records designate the payments as            






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