- 40 - 3. Canada will redeem the preferred stock for $20 million. It is imperative that this step be accomplished before the end of the fiscal year. 4. After the end of the fiscal year, ITI will make a new loan to Canada. Doug Saunders believes this will permit the Company to avoid the Canadian withholding tax since the transfer of funds to the U.S. should not constitute a dividend for Canadian tax purposes. Whereas, the U.S. tax laws rely more on substance, the Canadian tax laws rely heavily on form. The only advice in the June 28, 1993 file memorandum is attrib- uted to Mr. Saunders and concerns the Canadian withholding tax issue. With respect to respondent’s argument under respondent’s alternative position that petitioner did not have reasonable cause for, or act in good faith with respect to, its treatment of the disputed transaction in petitioner’s 1993 return, petitioner further counters that it relied on oral advice (Mr. Wolf’s alleged oral advice) given by Mr. Wolf, the Price Waterhouse partner responsible for Price Waterhouse’s review and recommenda- tion, to Mr. Saunders. In this connection, Mr. Saunders testi- fied that Mr. Wolf orally advised him that the disputed transac- tion would be respected if challenged by respondent. The only evidence of Mr. Wolf’s alleged oral advice is Mr. Saunder’s uncorroborated testimony, which was self-serving to petitioner.24 24At the time of the trial in this case, Mr. Saunders was (continued...)Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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