- 39 - Searle & Co. v. Commissioner, 88 T.C. 252, 350-351 (1987); see also Coca-Cola Co. & Subs. v. Commissioner, 106 T.C. 1, 21 (1996). American companies operating in the possessions were originally subjected to double taxation in the form of the Federal corporate income tax and the taxes of the possessions. See Tariff Act of 1913, ch. 16, sec. II, 38 Stat. 166; Revenue Act of 1918, ch. 18, 40 Stat. 1057. Congress perceived that this double tax burden placed American businesses at a competitive disadvantage when compared with their British and French counterparts which were not subject to taxation upon the profits they earned abroad unless paid back to the home company. Congress enacted section 931 to remove that competitive disadvantage. See H. Rept. 350, 67th Cong., 1st Sess. 1 (1921), 1939-1 C.B. (Part 2) 168, 174. In its original form, section 931 allowed a corporation to exclude its possession-source income if it met an “80-percent source” test and a “50-percent active trade or business" test. Because of the exclusion, and because dividends received by a domestic corporation from its wholly owned possessions subsidiary were not eligible for the intercorporate dividends received deductions under section 246(a)(2)(B), possessions corporations amassed large amounts of income not repatriated to the United States. In the Tax Reform Act of 1976, Pub. L. 94-455, sec. 1051, 90 Stat. 1643, Congress revised the prior law in order to providePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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