- 7 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011