Textron Inc. and Subsidiary Companies - Page 12




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          result even if the subpart F income is not actually distributed.            
          See Vetco, Inc. v. Commissioner, 95 T.C. 579, 586-587 (1990).               
               The object of subpart F is to tax currently specified                  
          earnings of foreign corporations that are, in the aggregate,                
          controlled by U.S. shareholders.  The scope of subpart F,                   
          however, is limited.  It applies primarily to the types of income           
          described in section 952 (subpart F income).  Secs. 951(a) and              
          952.  Moreover, it affects only foreign corporations that are               
          controlled by certain U.S. shareholders and, in those cases,                
          applies only to those U.S. shareholders who own a requisite                 
          percentage of a CFC’s voting power.  Secs. 951(b), 957(a).                  
               Our analysis of whether a taxpayer who is a shareholder in a           
          foreign corporation must include subpart F income in the                    
          taxpayer’s income starts with a determination of whether the                
          foreign corporation is a CFC.  A CFC is any foreign corporation             
          more than 50 percent of whose stock, either by voting power or              
          value, is owned directly, indirectly, or constructively by U.S.             
          shareholders.  Sec. 957(a).  The parties agree that Avdel is a              
          CFC.                                                                        
               We next address the question of whether the taxpayer is a              
          U.S. shareholder subject to the inclusion of subpart F income               
          under section 951(a).  The phrase “U.S. shareholder” is a term of           
          art that finds its meaning in section 951(b).  Our reading of               
          that text in conjunction with our reading of section 951(a)                 






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