The Jurisdiction of United States Courts to Order the Production of Documents Located Abroad in Section 482 Investigations: U.S. v. Toyota Motor Corp
Article Abstract:
In an earlier article, the findings in U.S. v. Toyota Motor Corp. were analyzed. This article focuses on the summons' enforceability. Fifteen points were contained in the summons. Several necessitated cost data on passenger car models, other points related to transfer pricing between fiscal 1975 and 1978. The defendant argued that cost data could not be had and the government accepted this, although Japan's authorities were asked to help with documentation. Item fifteen did not apparently point to the needed documents with enough certainty. Discovery based on that item was believed to be too broad and possibly encompass irrelevant and unnecessary items, which is prohibited in the terms of international law. Jurisdiction for giving the enforcement order is analyzed in light of United States Foreign Relations Law. The government's position in Toyota is assessed. The Saint- Gobain and Marc Rich cases are compared. Personal jurisdiction over Toyota was founded on the deliberate product entry into United States commerce. Prescriptive jurisdiction issues are also considered.
Publication Name: Tax Management International Journal
Subject: Law
ISSN: 0090-4600
Year: 1983
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The Income Tax Conventions Interpretation Act - A Lesson in Unilateral Treaty Amendment by Canada
Article Abstract:
The Canadian Parliament tabled the proposal of the Income Tax Conventions Interpretation Act in June 1983. This proposed legislation spoke to definitions for Canada's current and future tax laws. Terms not completely delineated by Canada's laws are defined according to the meaning read into them by the Income Tax Act. This proposition would allow Canada to unilaterally change term definitions in tax conventions. Major goals of the legislation are to overcome a reading of definition accorded recently by the Supreme Court and to clear up Canada's claims on offshore oil and mining taxes. Canada's income tax conventions are dualistic; the executive government can participate in agreements and Parliament must legislate the pertinent aspects of the convention. Undefined terms are analyzed according to Section 3 of the Income Tax Conventions Interpretation Act (ITCIA). The Queen v. Melford Developments Incorporated is analyzed in light of Canada's Supreme Court decision. The United States is expected to benefit from the new legislation.
Publication Name: Tax Management International Journal
Subject: Law
ISSN: 0090-4600
Year: 1983
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Loss Disallowed in Intercompany Sale Following Section 332 Liquidation
Article Abstract:
General Electric Co. v. U.S. 83-2 USTC found that the allocation of loss to liquidated subsidiaries might support the disallowance of loss on mortgages had by a United States corporation in liquidation proceedings. General Electric (GE) had various domestic subsidiaries in Puerto Rico which deserved special relief under the Internal Revenue Code, and exemption from taxes in Puerto Rico for many years. United States income tax was not applied because of the subsidiaries' adherence to the requirements of a possession corporation. However, distributions from the possession's corporation are within the purview of United States tax. Special relief can be had if four-fifths of the gross income results from sources within a United States possession. The case revolved around a nonrecognition possession. The scope of this complex rationale is analyzed.
Publication Name: Tax Management International Journal
Subject: Law
ISSN: 0090-4600
Year: 1983
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