Andrew G. and Cecilia M. Vajna - Page 12




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          Since the parties are in apparent consensus, and the evidence               
          reflects, that 50 percent of CIBV stock was titled in Nestor                
          after the buyout, we turn to whether there exists grounds for               
          respondent’s arguments concerning petitioners’ deemed ownership.            
               Regulations indicate that voting power is the primary                  
          consideration in deciding ownership for purposes of CFC status.             
          Hence, the linkage between Nestor and petitioners established by            
          the above-quoted proxies lends support to respondent’s claims               
          regarding CIBV’s CFC status on and after December 30, 1989.                 
               With respect to section 951 attribution, the regulatory test           
          focuses on ascertaining the extent of a party’s interest in the             
          income of the CFC.  The regulations further expressly provide               
          that “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.  Based on this standard, we            
          must conclude that the proxies are likewise pertinent to, and               
          potentially supportive of respondent’s position on, the question            
          of a proper section 951 allocation.  The regulations indicate               
          that a person could in some circumstances be deemed to hold an              
          interest in income that might, as a formal matter, have resided             
          in someone else.                                                            
               Here, if Mr. Vajna and the Mong Family Trust possessed 100             
          percent of the voting power in CIBV (directly or by proxy), and             
          if it were decided that the Mong Family Trust must be equated               






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