-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