- 11 - on the sale of property that gives rise to dividends, interest, rents and annuities as FPHCI). Consistent with the general congressional scheme of not including a CFC’s income from conduct of an active trade or business within the definition of subpart F income, the regulations specifically exclude from the FPHCI definition gain from the sale of the operating assets of a CFC’s active trade or business. See sec. 954(c)(1)(B)(iii); sec. 1.954-2T(e)(3)(iv), (v), and (vi), Temporary Income Tax Regs., 53 Fed. Reg. 27505 (July 21, 1988). Thus, under the subpart F income regime and the definition of FPHCI, a CFC’s gain on the sale or exchange of property used in its trade or business does not constitute FPHCI. The parties in this case agree that any gain from Conner Malaysia’s sale of the assets constitutes gain from the sale of operating assets used in its trade or business and that, therefore, such gain does not constitute FPHCI. The issue before us is whether the portion of the gain relating to the increase in the value of the Read-Rite shares during the period in which Conner Malaysia was prohibited from selling the stock should be characterized by reference to the sale of the assetsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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