Dover Corporation and Subsidiaries - Page 8

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          II.  Code and Regulations                                                   
               A.  The Code                                                           
               The provision of the Code principally at issue is section              
          954.  Section 954 is found in subpart F of part III, subchapter             
          N, chapter 1, subtitle A of the Code (Subpart F), which                     
          encompasses sections 951-964.  Subpart F is concerned with                  
          controlled foreign corporations (CFCs).  Neither party disputes             
          that, in 1997, both Dover UK and H&C (up until it became a                  
          disregarded entity) were CFCs, as that term is defined in section           
          957(a).  Section 951 provides that each United States shareholder           
          of a CFC shall include in gross income certain amounts, including           
          “his pro rata share * * * of the * * * [CFC’s] subpart F income”            
          for the taxable year.  Sec. 951(a)(1)(A)(i).5  Subpart F income             
          includes “foreign base company income (as determined under                  
          section 954)”.  Sec. 952(a)(2).  Pursuant to section 954(a)(1),             
          foreign base company income includes FPHCI, which is defined, in            
          pertinent part, in section 954(c) as follows:                               
               (c) Foreign Personal Holding Company Income.--                         
                    (1) In general.--For purposes of subsection (a)(1), the           
               term “foreign personal holding company income” means the               


               4(...continued)                                                        
          Withdrawn, But Still Under Attack”, 32 Tax Mgmt. Int. J. 515                
          (Oct. 10, 2003); Click, “Treasury Withdraws Extraordinary Check-            
          the-Box Regulations”, 101 Tax Notes 95 (Oct. 6, 2003).                      
               5  The parties do not dispute that petitioner constituted a            
          “United States shareholder”, as defined in sec. 951(b), with                
          respect to Dover UK on the date of the sale of the H&C stock.               




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