Section 901, foreign tax credit, tax policy, multi-jurisdictional taxation
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.
Deborah A. Geier, Some Thoughts on the Incidence of Foreign Taxes, 87 Tax Notes 541 (April 24, 2000) & 20 Tax Notes International 1991 (2000)