- 9 - 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 178,694Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011