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