Union Ganadera Regional de Chihuahua, Inc. - Page 9




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          Subsequently, respondent reduced the disallowed amount to $178,694           
          to reflect an additional allowance of $2,443 for water and                   
          electricity costs.5                                                          
               On its 1993 Form 1120, U.S. Corporation Income Tax Return,              
          petitioner claimed a $397,519 deduction for amounts it paid to               
          Union Mexico.  Respondent again disallowed that portion (totaling            
          $357,024) that related to payment for inspection and bathing costs.          
               Respondent disallowed the payment for inspection and bathing            
          costs on the basis that the costs for these expenses were not                
          properly allocable to petitioner, but rather were those of Union             
          Mexico.  As a consequence of this determination, respondent                  
          characterized petitioner’s payments to Union Mexico as constructive          
          dividends (representing a distribution of petitioner’s earnings and          
          profits to its foreign parent company).                                      
               Respondent further determined that petitioner should have               
          withheld income tax at the source, pursuant to section 1442, with            
          respect to purported dividends ($178,694 for 1992 and $357,024 for           

               5    The following summarizes the processing fees adjustment            
          for 1992:                                                                    
          Total processing fees claimed:                                               
          Inspection, bathing,                                                         
          water, and electricity               $204,288                                
          Processing fees allowed:                                                     
          Water                                    10,214                              
          Electric                                 12,937                              
          Processing fees disallowed:                                                  
          Inspection, bathing                     181,137                              
          Additional allowance:                                                        
          Water and electric                        2,443                              
          Disallowance                              178,694                            




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