116 T.C. No. 3 UNITED STATES TAX COURT AMERICAN AIR LIQUIDE, INC. AND SUBSIDIARIES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 20381-98. Filed January 16, 2001. P is the parent of a consolidated group that includes L. P’s ultimate parent is L’Air, a French corporation. L’Air pays royalties to P and L under license agreements for intellectual property owned by P and L and used by L’Air outside the United States. P treated the royalty income as sec. 904(d)(1)(I), I.R.C., general limitation income, relying on the “reserved” paragraph in sec. 1.904-5(i)(3), Income Tax Regs.; Article 24(3) of the U.S.-France Treaty, the capital nondiscrimination provision; and written statements of Treasury officials. R determined the royalty income is sec. 904(d)(1)(A), I.R.C., passive income for the purpose of calculating P’s foreign tax credit.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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