Framatome Connectors USA, Inc. - Page 2




                                        - 2 -                                         
                    Held:  B-J was not a CFC in 1992 because B-US did                 
               not own more than 50 percent of the voting power of B-J                
               stock or more than 50 percent of the value of B-J                      
               stock.                                                                 
                    Constructive Dividend Issue:  In 1993, B-US                       
               transferred to Framatome Connectors International                      
               (FCI), its French parent, assets worth more than the                   
               assets that B-US received from FCI.  The parties                       
               dispute whether these transfers were constructive                      
               dividends paid by B-US in 1993 which are subject to                    
               withholding tax under sec. 1442, I.R.C.                                
                    Held:  Transfers by B-US to FCI of assets worth more              
               than the assets B-US received from FCI were constructive               
               dividends which were actually distributed for purposes of              
               the U.S.-France Tax Treaty, Convention With Respect to Taxes           
               on Income and Property, July 28, 1967, U.S.-Fr., 19 U.S.T.             
               5281, and thus, were subject to withholding tax under sec.             
               1442, I.R.C.                                                           


               Mark A. Oates, Marc M. Levey, Erika Schaefer Schechter, A.             
          Duane Webber, William S. Garofalo, Kathryn D. Weston-Overbey, and           
          Thomas J. Kinzler, for petitioners.                                         
               Theodore J. Kletnick, Jill A. Frisch, Elizabeth Flores,                
          Steven D. Tillem, Murali Balachandran, and Robert T. Bennett, for           
          respondent.                                                                 


                                  TABLE OF CONTENTS                                   
          FINDINGS OF FACT ..................... . 5                                  
               A.   Petitioners, Their Predecessors, Furukawa, and                    
                    Sumitomo ................... . . 5                                
                    1. The Framatome Companies .......... . 5                         
                    2. Burndy-US ................. . 5                                
                    3. Furukawa and Sumitomo ........... . 7                          







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