- 28 - 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.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011