Legal Opinion

Taisei Fire & Marine Ins. Co. v. Commissioner

United States Tax Court

Decided May 2, 1995No. Docket Nos. 14296-92, 14297-92, 14298-92, 14299-92PublishedCited by 5 opinions

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

  1. Commissioner v. DubersteinSupreme Court of the United States · 1960
  2. Sumitomo Shoji America, Inc. v. AvaglianoSupreme Court of the United States · 1982
  3. Maximov v. United StatesSupreme Court of the United States · 1963
  4. Crow v. CommissionerUnited States Tax Court · 1985
  5. 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

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. North W. Life Assur. Co. of Can. v. CommissionerUnited States Tax Court · 1996
  2. National Westminster Bank, PLC v. United StatesUnited States Court of Federal Claims · 2003
  3. North W. Life Assur. Co. of Can. v. CommissionerUnited States Tax Court · 1996
  4. Taisei Fire & Marine Ins. Co. v. CommissionerUnited States Tax Court · 1995
  5. The North West Life Assurance Company of Canada v. CommissionerUnited States Tax Court · 1996

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