Swallows Holding, Ltd. - Page 10

                                        -10-                                          
          years (collectively, subject returns).  Cervantes first advised             
          petitioner in 1999 that it had to file the four returns, and                
          Cervantes prepared those returns shortly after giving this                  
          advice.6  Petitioner had no communications with Cervantes as of             
          the time of this advice going back to the earlier time at which             
          petitioner’s initial return was filed.  When the four returns               
          were filed, respondent had no knowledge that the returns were               
          overdue.                                                                    
               The four returns filed in 1999 each listed petitioner’s U.S.           
          employer identification number and reported that petitioner was             
          incorporated in Barbados, that petitioner was subject to income             
          tax under the laws of Barbados, and that petitioner was not                 
          liable for a United States branch profits tax.  Each return also            
          reported that petitioner’s business activity was real estate and            
          that its product or service was investment.  Each return also               
          reported that petitioner had not engaged in a trade or business             
          in the United States, but that petitioner had realized a taxable            
          loss effectively connected with the conduct of a trade or                   
          business in the United States.  None of the returns included a              
          statement under section 1.871-10(d)(1)(ii), Income Tax Regs.,               
          reporting that petitioner was making an election under section              
          882(d)(1).  Because respondent with petitioner’s acquiescence has           


               6 Cervantes also prepared petitioner’s Federal income tax              
          returns for several years following the subject years.                      




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011