- 2 - Held: The royalty income is passive income for the purpose of calculating P’s foreign tax credit. Neither alone nor in combination did the “reserved” paragraph in sec. 1.904-5(i)(3), Income Tax Regs., Article 24(3) of the U.S.-France Treaty, or written statements of Treasury officials constitute an exception to sec. 904(d) entitling P to characterize the royalty income as general limitation income. E.A. Dominianni and Edmund S. Cohen, for petitioner. Steven R. Winningham, Lydia A. Branche, and Rebecca I. Rosenberg, for respondent. OPINION LARO, Judge: Respondent determined deficiencies in petitioner’s Federal income taxes of $320,351, $1,083,746, and $942,456 for 1989, 1990, and 1991,1 respectively. This matter is before the Court on cross-motions for judgment on the pleadings under Rule 120(a).2 In support of its motion, petitioner attached exhibits to its response. These exhibits require us to consider matters outside the pleadings, and as a consequence we have recharacterized the motions as cross-motions for summary judgment under Rule 121. See Rule 120(b). 1 In the petition, petitioner concedes that $160,196, $333,746, and $222,456 of the amounts determined as deficiencies in 1989, 1990, and 1991, respectively, are not in dispute. 2 Rule references are to the Tax Court Rules of Practice and Procedure. Unless otherwise indicated, section references and references to the Code are to the Internal Revenue Code in effect for the years in issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011