Andrew G. and Cecilia M. Vajna - Page 7




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               applied to determine the amount of voting power owned                  
               for purposes of section * * * 957, a person’s                          
               proportionate interest in a foreign corporation will                   
               generally be determined with reference to the amount of                
               voting power in such corporation owned by such person.                 
               However, any arrangement which artificially decreases a                
               United States person’s proportionate interest will not                 
               be recognized. * * * [Sec. 1.958-1(c)(2), Income Tax                   
               Regs.]                                                                 
               Regulations under section 957 similarly state that in                  
          analyzing CFC status:                                                       
               Any arrangement to shift formal voting power away from                 
               United States shareholders of a foreign corporation                    
               will not be given effect if in reality voting power is                 
               retained.  The mere ownership of stock entitled to vote                
               does not by itself mean that the shareholder owning                    
               such stock has the voting power of such stock for                      
               purposes of section 957. * * * [Sec. 1.957-1(b)(2),                    
               Income Tax Regs.]                                                      
               Case law has likewise reiterated in dealing with CFC status            
          questions that “mere technical compliance with section 957(a)” is           
          insufficient to exclude taxpayers from its application and that             
          the “50-percent test of section 957(a) was intended to exclude              
          from the definition of controlled foreign corporations only those           
          foreign corporations which are not subject to the dominion and              
          control of the United States shareholders.”  Estate of Weiskopf             
          v. Commissioner, 64 T.C. 78, 93 (1975), affd. without published             
          opinion 538 F.2d 317 (2d Cir. 1976); see also Kraus v.                      
          Commissioner, 59 T.C. 681, 692 (1973), affd. 490 F.2d 898 (2d               
          Cir. 1974); Garlock, Inc. v. Commissioner, 58 T.C. 423, 433                 
          (1972), affd. 489 F.2d 197 (2d Cir. 1973).                                  







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