- 5 - of BCE Common Shares that receive New Nortel Common Shares. U.S. Holders of BCE Common Shares are strongly urged to consult their own tax and financial advisors”. Finally, the Circular stated that In the opinion of Davis Polk & Wardwell, U.S. counsel to BCE, for U.S. federal income tax purposes a U.S. Holder of BCE Common Shares will be treated as receiving a taxable distribution of the New Nortel Common Shares as a result of the Arrangement and be taxed at ordinary income rates on a dividend in the amount of the fair market value, as of the date of the distribution, of the New Nortel Common Shares received, to the extent the distribution is out of the earnings and profits (“E&P”) of BCE calculated under applicable U.S. federal income tax principles. BCE expects to have E&P adequate to render all or nearly all of the distribution received by a U.S. Holder taxable as a dividend. Petitioner did not attempt to prove that BCE did not have earnings and profits such that all or some of the distribution was nontaxable. In fact, on July 6, 2004, this Court analyzed the same BCE distribution of Nortel stock and held that the retained earnings statement clearly reflected that BCE made the Nortel stock distribution from BCE’s earnings and profits. Koppel v. Commissioner, T.C. Memo. 2004-158. We find that the distribution of Nortel stock was a dividend. Thus, we conclude that, as such, the distribution of Nortel stock was includable in petitioner’s gross income as a taxable ordinary dividend. Accordingly, we sustain respondent’s determination on this issue. We next address the addition to tax under section 6651(a)(1)Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011