- 20 - amounts would never be included in the foreign person’s U.S. gross income–-that is, irrespective of any method of accounting of the foreign payee.7 We note also that the situation where the amounts owed to the related foreign person are foreign source, non-effectively connected income is denominated an “example” of where the regulatory authority conferred was intended to be exercised, which suggests other examples were also contemplated where the foreign payee would lack a U.S. method of accounting. The legislative history goes further in its guidance. It specifically (i) contemplates the need for regulations when the amounts owed to a related foreign person are eligible for treaty benefits and (ii) suggests that it is the absence of a U.S. method of accounting that determines the intended scope of the regulatory authority. The House and Senate reports both provide: Regulations will not be necessary when an amount paid to a related foreign person is effectively connected with a U.S. trade or business (unless a 7 In Tate & Lyle, Inc. v. Commissioner, 103 T.C. 656, 670 (1994) (Tate & Lyle I), we acknowledged that the foregoing legislative history was “troublesome” with respect to our “literal reading of section 267(a) and its matching principle” as having application only where failures to match were attributable to methods of accounting. Because we conclude in the instant case, in contrast to Tate & Lyle I, that the statute is not clear, the legislative history must be accorded greater weight. Moreover, as respondent argues, the legislative history for the predecessor of sec. 267(a)(2) suggests that Congress enacted that section to cover cases where the payee would not include the amount because the amount was accrued and deducted but never actually paid. See S. Rept. 1242, 75th Cong., 1st Sess. (1937), 1937-2 C.B. 609, 630.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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