Legal Opinion

ICI Pension Fund v. Commissioner

United States Tax Court

Decided March 5, 1999No. 10030-97Published

During 1991 and 1992, F, a non-U.S. pension fund, received dividends from U.S. corporations, net of U.S. income tax that was withheld thereon.

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During 1991 and 1992, F, a non-U.S. pension fund, received dividends from U.S. corporations, net of U.S. income tax that was withheld thereon. Relying on sec. 1.6012-1(b)(2)(i), Income Tax Regs., F did not file tax returns for those years, taking the position that its "tax liability * * * [was] fully satisfied by the withholding of tax at source". On Aug. 12, 1992, and June 28, 1993, F claimed refunds of the amounts withheld for 1991 and 1992, respectively, alleging it was tax exempt. R refunded the amount of tax withheld for 1991 on or about Aug. 27, 1992, and refunded the amount withheld…

1Opinion of the Court

ICI PENSION FUND, ICI PENSIONS TRUSTEE LIMITED, TRUSTEE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

ICI Pension Fund v. Commissioner

No. 10030-97

United States Tax Court

112 T.C. 83; 1999 U.S. Tax Ct. LEXIS 8; 112 T.C. No. 8; 22 Employee Benefits Cas. (BNA) 2724;

March 5, 1999, Filed

An order will be issued granting respondent's motion for partial summary judgment and denying petitioner's motion for summary judgment.

During 1991 and 1992, F, a non-U.S. pension fund, received

dividends from U.S. corporations, net of U.S. income tax that

was withheld thereon. Relying on sec.…

2Cases cited11 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  4. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  5. Beard v. Comm'rUnited States Tax Court · 1984

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