Dover Corporation and Subsidiaries - Page 7

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          its owner for federal tax purposes, effective immediately prior             
          to the sale on * * * [June 30, 19973], until 60 days following              
          the date of this letter.”  Respondent, however, added the                   
          following caveat:                                                           
               no inference should be drawn from this letter that any                 
               gain from the sale of * * * [H&C’s] assets immediately                 
               following its election to be disregarded as an entity                  
               separate from its owner gives rise to gain that is not                 
               foreign personal holding company income as defined in                  
               section 954(c)(1)(B) of the Internal Revenue Code.                     
               On or about October 10, 1999, H&C made an election on Form             
          8832 to be disregarded as a separate entity.  The Form 8832                 
          specifies that the election is to be effective beginning June 30,           
          1997.                                                                       
                                     Discussion                                       
          I.  Introduction                                                            
               This case presents an issue of first impression and, insofar           
          as we are aware, the first occasion that any court has had to               
          opine on the impact of the so-called check-the-box regulations on           
          the application of a specific provision of the Internal Revenue             
          Code of 1986 (the Code), in this case, section 954(c)(1)(B)(iii)            
          (defining, in part, FPHCI).4                                                


               3  Based upon petitioner’s representation, that is the                 
          assumed date of the sale of the H&C stock by Dover UK.                      
               4  There has, however, been much commentary concerning the             
          issue before us today.  E.g., Sheppard, “Behind the Eight Ball on           
          Check-the-Box Abuses”, 101 Tax Notes 437 (Oct. 27, 2003); Yoder &           
          Everson, “Check-and-Sell Transactions: Proposed Regulations                 
                                                             (continued...)           




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