- 27 - With respect to respondent’s position that the disputed transaction is a tax shelter within the meaning of section 6662(d)(2)(C)(ii), petitioner argues that the disputed transac- tion did not have any of the common indicia of a tax shelter (e.g., marketing by a promoter, dissemination of a confidential prospectus, and a special fee or premium paid to a promoter). According to petitioner, the disputed transaction was nothing more than normal dividend planning that was typical of multina- tional companies like petitioner. We need not resolve the parties’ dispute over whether the disputed transaction is a tax shelter within the meaning of section 6662(d)(2)(C)(ii). That is because, assuming arguendo that we were to accept petitioner’s argument and find that the disputed transaction is not a tax shelter under that section, on the record before us, we accept respondent’s alternative position that petitioner is nonetheless liable for the accuracy-related penalty under section 6662(a). With respect to respondent’s argument under respondent’s alternative position that there is and was no substantial author- ity for petitioner’s tax treatment of the disputed transaction, petitioner counters that its reporting of the disputed transac- tion in petitioner’s 1993 return “was mandated by the provisions of Code �� 301 and 302.” On the record before us, we reject petitioner’s position.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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