- 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 ........... . 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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