- 3 - We must decide whether royalties received by petitioner, a domestic corporation, from its foreign parent should be classified as section 904(d)(1)(A) passive income or as section 904(d)(1)(I) general limitation income for purposes of determining petitioner’s foreign tax credit. We hold that they are section 904(d)(1)(A) passive income. Background Petitioner’s principal place of business was located in Walnut Creek, California, when the petition was filed. American Air Liquide, Inc. (AAL), is the common parent of a group of corporations that filed consolidated returns in the years in issue. Liquid Air Corp. (LAC) is a member of AAL’s affiliated group. L’Air Liquide, S.A. (L’Air), is a French corporation that is the ultimate parent of petitioner. L’Air produces, sells, and distributes industrial gases, related equipment and services, and welding products throughout the world through its own operations in France and through its French and non-French subsidiaries. In 1986, AAL acquired the LAC research facilities and rights to all technical information developed, or being developed, by LAC. Under various license agreements among AAL, LAC, and L’Air, AAL and LAC received royalties of $4,775,000, $5 million, and $4,800,000 from L’Air in 1989, 1990, and 1991, respectively. The royalties were paid by L’Air for nonexclusive, irrevocable, andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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