Dover Corporation and Subsidiaries - Page 2

                                        - 2 -                                         
               2(e)(3)(ii) through (iv), Income Tax Regs., with the                   
               result that D’s gain on that sale does not constitute                  
               Subpart F (foreign personal holding company) income to                 
               P pursuant to sec. 954(c)(1)(B)(iii), I.R.C.                           
               Rauenhorst v. Commissioner, 119 T.C. 157 (2002),                       
               applied.                                                               
                    Robert D. Whoriskey, George Pompetzki, Eduardo A.                 
               Cukier, and Linda Galler, for petitioner.                              
                    Lyle B. Press, for respondent.                                    

                                       OPINION                                        

               HALPERN, Judge:  Dover Corporation (petitioner) is the                 
          common parent of an affiliated group of corporations making a               
          consolidated return of income (the group or affiliated group).              
          By notice of deficiency dated September 14, 2000 (the notice),              
          respondent determined deficiencies in Federal income tax for the            
          group for its 1996 and 1997 taxable (calendar) years in the                 
          amounts of $9,329,596 and $24,422,581, respectively.  All but one           
          of the adjustments that gave rise to those determinations have              
          been settled, and this report addresses the sole remaining issue,           
          which involves an interaction between the so-called check-the-box           
          regulations and the definition of foreign personal holding                  
          company income (FPHCI); viz, whether the deemed sale of assets              
          immediately following their deemed receipt (pursuant to the                 
          check-the-box regulations) from a disregarded foreign entity                
          gives rise to FPHCI.                                                        







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

Last modified: May 25, 2011