Post by Sapphire Capital on Feb 11, 2009 8:27:16 GMT 4
Some Thoughts on the Incidence of Foreign Taxes
Deborah A. Geier
Cleveland-Marshall College of Law, Cleveland State University
Tax Notes, Vol. 87, p. 541, 2000
Cleveland-Marshall Legal Studies Paper No. 1333851
Abstract:
This 2000 article was prompted by the fact pattern and Tax Court decision in Compaq Computer v. Commissioner, 113 T.C. 363 (1999). While other commentary has focused on the application of the "economic substance" doctrine in this case, this article focuses instead on the ability to take foreign tax credits based not on economic incidence but on legal incidence and how this allows for crediting of foreign taxes economically borne by other actors in the marketplace.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1333851_code103428.pdf?abstractid=1333851&mirid=1
Deborah A. Geier
Cleveland-Marshall College of Law, Cleveland State University
Tax Notes, Vol. 87, p. 541, 2000
Cleveland-Marshall Legal Studies Paper No. 1333851
Abstract:
This 2000 article was prompted by the fact pattern and Tax Court decision in Compaq Computer v. Commissioner, 113 T.C. 363 (1999). While other commentary has focused on the application of the "economic substance" doctrine in this case, this article focuses instead on the ability to take foreign tax credits based not on economic incidence but on legal incidence and how this allows for crediting of foreign taxes economically borne by other actors in the marketplace.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1333851_code103428.pdf?abstractid=1333851&mirid=1