InterTAN, Inc. - Page 32

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          Petitioner maintains that the information set forth in the                  
          October 11, 1996 disclosure letter was sufficient under Revenue             
          Procedure 94-69 to constitute adequate disclosure of the disputed           
          transaction under section 6662(d)(2)(B)(ii) and the regulations             
          thereunder.                                                                 
               On the record before us, we agree with respondent that the             
          October 11, 1996 disclosure letter did not reasonably apprise the           
          IRS of the nature of the controversy or potential controversy               
          that the disputed transaction raised, as required by Revenue                
          Procedure 94-69.  The only potential controversy revealed in that           
          letter was a redetermination of the foreign tax credits claimed             
          by petitioner because of a potential deficit in ITC’s post-1986             
          pool of foreign taxes (ITC’s pool of foreign taxes).19  The                 
          October 11, 1996 disclosure letter, by failing to disclose all              
          the steps of the disputed transaction, did not provide informa-             
          tion that reasonably could have been expected to apprise the IRS            
          that:  (1) Petitioner and ITC engaged in the disputed transaction           
          solely to generate foreign tax credits; (2) the terms of the                
          guarantee and assignment agreement required that any money                  
          received by petitioner from ITC be held in trust for and paid               


               19The reason for a possible redetermination of ITC’s pool of           
          foreign taxes disclosed in the October 11, 1996 disclosure letter           
          was the possibility that, for reasons undisclosed by the record,            
          a prior claimed dividend from ITC to petitioner would be charac-            
          terized as a repayment of a loan and a reassessment by Canada of            
          ITC’s Canadian taxes.                                                       





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