Riggs National Corporation & Subsidiaries - Page 28




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         even if another party to a transaction agrees, as part of the                
         transaction, to assume the taxpayer’s foreign tax liability on the           
         taxpayer’s behalf.  See sec. 1.901-2(f)(2), Income Tax Regs.                 
         Issue 1.  The Payment Issue                                                  
              Petitioner bears the burden of proving that the Brazilian               
         income taxes for which it claims a credit were paid.  See secs.              
         901(b)(1), 905(b);13 see also Continental Ill. Corp. v.                      
         Commissioner, 998 F.2d 513, 516-517 (7th Cir. 1993) (the taxpayer            
         must establish foreign taxes for which it claims credit were not             
         only withheld, but paid), affg. on this point T.C. Memo. 1991-66;            
         Lederman v. Commissioner, 6 T.C. 991, 998-999 (1946) (holding that           
         pursuant to Treasury regulations, proof of the amount of the foreign         
         income tax withheld at the source will support a taxpayer’s claim            



               13   Sec. 905(b) provides:                                             
                    SEC. 905(b).  Proof of Credits.–-The credits                      
               provided in this subpart shall be allowed only if the                  
               taxpayer establishes to the satisfaction of the                        
               Secretary --                                                           
                         (1) the total amount of income derived                       
                    from sources without the United States,                           
                    determined as provided in part I,                                 
                         (2) the amount of income derived from                        
                    each country, the tax paid or accrued to                          
                    which is claimed as a credit under this                           
                    subpart, such amount to be determined under                       
                    regulations prescribed by the Secretary, and                      
                         (3) all other information necessary for                      
                    the verification and computation of such                          
                    credits.                                                          





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