Melea Limited - Page 3




                                                - 3 -                                                   
                  Without detailing the relationships of the various entities                           
            that respondent contends exist, we note that respondent                                     
            determined generally that certain U.S. entities related to Ladney                           
            are dependent agents of petitioner which, within the context of                             
            section 864(c)(5),1  negotiated contracts on behalf of                                      
            petitioner.  On that premise, respondent determined that                                    
            petitioner’s income is from sources outside the United States                               
            which are effectively connected with petitioner’s U.S. trade or                             
            business.  Apparently, petitioner does not deny that it had a                               
            U.S. trade or business but disputes that its income from sources                            
            outside the United States is effectively connected with its U.S.                            
            trade or business.                                                                          
                  Respondent seeks copies of deposition transcripts taken in                            
            connection with litigation in the U.S. District Court for the                               
            Middle District of Florida.  Petitioner was a defendant in                                  
            litigation styled Cinpres Ltd. v. Hendry, Case No. 96-752-CIV-T-                            
            24B (M.D. Fla., Dec. 12, 1998) (Cinpres case).  That case                                   
            involved a patent infringement action brought by Cinpres, a                                 
            British company, against petitioner and a competitor of                                     
            petitioner.  Petitioner, a foreign corporation, questioned the                              
            U.S. District Court’s jurisdiction over it, and depositions were                            
            taken, in part, to discern the relationship between petitioner                              


                  1 Section references are to the Internal Revenue Code, and                            
            Rule references are to the Tax Court Rules of Practice and                                  
            Procedure.                                                                                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011