Legal Opinion

Nissho Iwai Am. Corp. v. Commissioner

United States Tax Court

Decided October 8, 1987No. Docket No. 4598-85PublishedCited by 53 opinions

P, an American subsidiary of a Japanese corporation, makes loans in the United States and in foreign countries as part of its business operations. On Feb. 17, 1978, P lent $ 20 million to N, a Brazilian corporation. The loan between P and N was a net loan, in which N agreed to make interest payments to P free and clear of the withholding tax which Brazil imposed on payments of interest made by Brazilian borrowers to foreign lenders.

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P, an American subsidiary of a Japanese corporation, makes loans in the United States and in foreign countries as part of its business operations. On Feb. 17, 1978, P lent $ 20 million to N, a Brazilian corporation. The loan between P and N was a net loan, in which N agreed to make interest payments to P free and clear of the withholding tax which Brazil imposed on payments of interest made by Brazilian borrowers to foreign lenders. During the years in issue, N received a Government subsidy based upon the amount of withholding tax imposed on P. Held: 1. For purposes of sec. 901, I.R.C. 1954,…

1Opinion of the Court

JACOBS, Judge:

Respondent determined the following deficiencies in petitioner’s Federal income taxes:

FYB Mar. 31— Amount of Deficiency2

' 1980 . $183,457

1981 . 439,808

Respondent twice increased the deficiency amount in two amended answers to the petition filed herein. The total deficiency now claimed is $438,180 for the fiscal year ended March 31, 1980, and $466,531 for the fiscal year ended March 31, 1981.

Petitioner filed an amendment to its petition, claiming an overpayment of $1,850,956 for the fiscal year ended March 31, 1980.

This case concerns the amount of foreign tax credit, if any,…

2Cases cited13 opinions

  1. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  2. Bingler v. JohnsonSupreme Court of the United States · 1969
  3. Freuler v. HelveringSupreme Court of the United States · 1934
  4. Biddle v. CommissionerSupreme Court of the United States · 1938
  5. American Chicle Co. v. United StatesSupreme Court of the United States · 1942

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

3Cited by53 opinions

  1. Rauenhorst v. Comm'rUnited States Tax Court · 2002
  2. Peterson Marital Trust v. CommissionerUnited States Tax Court · 1994
  3. Continental Illinois Corporation, Also Known as Continental Bank Corporation, Cross-Appellee v. Commissioner of Internal Revenue, Cross-AppellantCourt of Appeals for the Seventh Circuit · 1993
  4. Truck & Equipment Corp. v. CommissionerUnited States Tax Court · 1992
  5. Schaefer v. CommissionerUnited States Tax Court · 1995

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

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