Square D Company and Subsidiaries - Page 21




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               treaty reduces the tax).  In that case, present law                    
               already imposes matching.  However, regulations may be                 
               necessary when a foreign corporation uses a method of                  
               accounting for some U.S. tax purposes (e.g., because                   
               some of its income is effectively connected), but when                 
               the method does not apply to the amount that the U.S.                  
               person seeks to accrue.  [H. Rept. 99-426, supra at                    
               940, 1986-3 C.B. (Vol. 2) at 940; S. Rept. 99-313,                     
               supra at 960, 1986-3 C.B. (Vol. 3) at 960.]                            
          We believe a set of principles is discernible from the foregoing.           
          The authority granted by section 267(a)(3) does not apply (i.e.,            
          “Regulations will not be necessary”) in the case of effectively             
          connected income because (we infer) the foreign recipient in this           
          instance would have a U.S. method of accounting for such income,            
          triggering a straightforward application of section 267(a)(2)               
          (i.e., “present law already imposes matching”).  Regulations                
          under section 267(a)(3) would be necessary, however, where treaty           
          benefits are available.  Finally, the last sentence in the                  
          passage illustrates the fundamental principle underlying the                
          intended regulatory authority, in our view; namely, the scope of            
          the regulations under section 267(a)(3) is generally determined             
          by the presence or absence of a U.S. method of accounting for the           
          income item in the hands of the foreign recipient, where the U.S.           
          payor seeks to accrue a deduction with respect to that item.8               

               8 We also note that other provisions of the regulations that           
          have been issued pursuant to sec. 267(a)(3) (i.e., besides the              
          provision at issue herein) reflect this principle.  The                     
          provisions in general impose the cash method on the U.S. payor              
          under sec. 267(a)(3) only where the related foreign payee lacks a           
          U.S. method of accounting for the item otherwise accruable by the           
                                                             (continued...)           





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