- 7 - (as defined in section 954(c)).” Subparagraph (A) of section 954(c)(1) defines “foreign personal holding company income” to include “Dividends, interest, royalties, rents, and annuities.” Respondent focuses on the facts that section 904(a)(1) places passive income into a passive basket and that “royalties” are specifically referred to in section 954(c)(1) as a type of passive income. Petitioner expands on this focus by reference to section 904(d)(3)(C) and section 1.904-5, Income Tax Regs., which together apply a look-through rule in the case of controlled foreign corporations and other entities. Section 904(d)(3)(C) provides: Any interest, rent, or royalty which is received or accrued from a controlled foreign corporation in which the taxpayer is a United States shareholder shall be treated as income in a separate category to the extent it is allocable (under regulations prescribed by the Secretary) to income of the controlled foreign corporation. Section 1.904-5(b), Income Tax Regs., provides: In general. Except as otherwise provided in section 904(d)(3) and this section, dividends, interest, rents, and royalties received or accrued by a taxpayer from a controlled foreign corporation in which the taxpayer is a United States shareholder shall be treated as general limitation income. Section 1.904-5(i)(3), Income Tax Regs., is also relevant to petitioner’s analysis. It is entitled “Special rule for payments from foreign parents to domestic subsidiaries” and contains no text. The Secretary explicitly “[RESERVED]” the rules under that provision during the years in issue. In 1992 the SecretaryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011