Taisei Fire & Marine Ins. Co. v. Commissioner
United States Tax Court
Ps, Japanese insurance companies, wrote reinsurance through F, a North Carolina corporation, which conducted its operations in the United States. Held, on the facts, F was an "agent of an independent status" within the meaning of Art. 9(5) of the Convention for the Avoidance of Double Taxation, Mar. 8, 1971, U.S.-Japan, 23 U.S.T.
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Ps, Japanese insurance companies, wrote reinsurance through F, a North Carolina corporation, which conducted its operations in the United States. Held, on the facts, F was an "agent of an independent status" within the meaning of Art. 9(5) of the Convention for the Avoidance of Double Taxation, Mar. 8, 1971, U.S.-Japan, 23 U.S.T. (Part 1) 969, and was therefore not a permanent establishment, during the years at issue, of any of petitioners within the meaning of Art. 8(1) of such convention.
1Opinion of the Court
TANNENWALD, Judge:
Respondent determined the following deficiencies in, and additions to, the Federal income taxes of the Taisei Fire & Marine Insurance Co., Ltd. (Taisei), the Nissan Fire & Marine Insurance Co., Ltd. (Nissan), the Fuji Fire & Marine Insurance Co., Ltd. (Fuji), and the Chiyoda Fire & Marine Insurance Co., Ltd. (Chiyoda):
Year Deficiency Additions to tax sec. 6661
Taisei 1986 $847
1987 295.134 $73,784
1988 2,363,924 590,981
Nissan 1987 197,838 49,460
1988 2,272,534 568,134
Fuji 1986 49,009 12,252
1987 256,173 64,043
1988 2,506,733 626,683
Chiyoda 1986 19,886 4,972
1987 662.135 165,534
1988…
2Cases cited11 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- Sumitomo Shoji America, Inc. v. AvaglianoSupreme Court of the United States · 1982
- Maximov v. United StatesSupreme Court of the United States · 1963
- Crow v. CommissionerUnited States Tax Court · 1985
- Andre Maximov, as Trustee for the Benefit of H. Robbin Fedden U/a Dated 10/24/47 v. United StatesCourt of Appeals for the Second Circuit · 1962
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