§33 — Tax withheld at source on nonresident aliens and foreign corporations

Therefore, Forrest, which involved a section 31 credit, is inapposite and not controlling.

Therefore, Forrest, which involved a section 31 credit, is inapposite and not controlling.

Therefore, Forrest, which involved a section 31 credit, is inapposite and not controlling.

8 Section 33 provides for a credit for tax withheld at the source for nonresident aliens and foreign corporations and is not relevant to the determinations in this Opinion.

— For purposes of this section— (1) The tax imposed by subtitle A and the tax shown on the return shall both be determined without regard to payment on account of estimated tax, without regard to the credit under section 31, without regard to the credit under section 33, and without regard to any credits resulting from the collection of amounts assessed under section 6851 or 6852 (relating to termination assessments).

3045 (2019); see also 8 La.

3045 (2019); see also 8 La.

3045 (2019); see also 8 La.

127 (1959); Keith, 115 T.C. at 617 (concluding that risk ofa debtor's future default was a condition subsequent that did not preclude creditor's current accrual ofincome).9 Petitioner alternatively contends that, under the accrual method, it should be allowed a current deduction--in an amount that "just about" matches the unpaid loan proc

(a) as-- the amount by which the tax imposed by subtitle A * * * exceeds the excess of-- (1) the sum of (A) the amount shown as the tax by the taxpayer upon his return, * * * plus (B) the amounts previously assessed (or collected without assessment) as a deficiency, over-- (2) the amount ofrebates, as defined in subsection (b)(2), made.

4 - [*34] Fire Ins. Co. v. CBI Indus., Inc., 907 S.W.2d 517, 520 (Tex. 1995). "A patent ambiguity is evident on the face ofthe contract", id., "often as the result of the use ofinherently uncertain or conflicting words", 11 Williston on Contracts, sec. 33:43 (4th ed. 2015).¹6 A latent ambiguity exists ifthe contract is plain on its face but is ambiguous in light of"some collateral matter." Nat'l Union Fire Ins. CS, 907 S.W.2d at 520. The Texas Supreme Court has given the following example ofa la

We do not need to solve this problem here, but we do need to reach a conclusion on the strength ofCave Buttes' claim oflegal access and its effect on the value ofthe property. The greater the uncertainty, the greater the decrease in the value ofthe property. Based on the foregoing, we find that Cave Buttes had an exceptionally

e §1.1502-41A for the determination ofthe consolidated net long-term capital gain and the consolidatednet short-term capital loss)); - 9 - (i) [Reserved] (j) The tax imposed by section 1333 on war loss recoveries; and by allowing as a credit against such taxes the investment credit under section 38 (see §1.1502-3) and the foreign tax credit under section 33 (see §1.1502-4).

33 — 1202(19) (2007) (West). We therefore firmly reject respondent’s contention that State law definitions of real estate contracts foreclose us from including the above-referenced documents as an integral part of the home purchase contracts. Respondent also advances the statutes of repose from the three States as supporting his position that

s (see §1.1502-41A for the determination of the consolidated net long-term capital gain and the consolidated net short-term capital loss)); (i) [Reserved] (j) The tax imposed by section 1333 on war loss recoveries; and by allowing as a credit against such taxes the investment credit under section 38 (see §1.1502-3) and the foreign tax credit under section 33 (see §1.1502-4).

the items listed in paragraphs (b)(1), (2), and (3) ofthis section, except that it is reduced by the excess of-- (i) The amounts shown by the taxpayer on his return as credits for tax withheld under section 31 (relating to tax withheld on wages) and section 33 (relating to tax withheld at source on nonresident aliens and foreign corporations), as payments ofestimated tax, or as any other payments made by the taxpayer with respect to a taxable year before filing the return for such taxable year,

the items listed in paragraphs (b)(1), (2), and (3) of this section, except that it is reduced by the excess of— (i) The amounts shown by the taxpayer on his return as credits for tax withheld under section 31 (relating to tax withheld on wages) and section 33 (relating to tax withheld at source on nonresident aliens and foreign corporations), as payments of estimated tax, or as any other payments made by the taxpayer with respect to a taxable year before filing the return for such taxable year,

33-729 (2007) . i - 11 - (including mortgage payments , real estate taxes and insurance premiums ) are not payments on behalf of a spouse even if those payments are made pursuant to 'the terms of the divorce or separation instrument ."), and concludes that "Based on our facts , It the alternative is also true Or, as. respondent further explai

This taxonomy, in turn, allows the Commissioner to define the latter amounts as the amount by which the total of the credits allowable under section 31 (relating to tax withheld on wages) and section 33 (relating to tax withheld at source on nonresident aliens and foreign corporations), estimated tax payments, and other payments in satisfaction of tax liability made before the return is filed, exceed the tax shown on the return (provided such excess has not been refunded or allowed as a credit t

This taxonomy, in turn, allows the Commissioner to define the latter amounts as the amount by which the total of the credits allowable under section 31 (relating to tax withheld on wages) and section 33 (relating to tax withheld at source on nonresident aliens and foreign corporations), estimated tax payments, and other payments in satisfaction of tax liability made before the return is filed, exceed the tax shown on the return (provided such excess has not been refunded or allowed as a credit t

urs suggests that imputation of a reasonable time limit is not a departure from the ordinary legal meaning of the word--any more than imputation of a reasonable delivery time in a contract for delivery of specified goods, 1 Restatement, Contracts 2d sec. 33 (1981), or imputation of a reasonable time for closing a conveyance of property, 1 Restatement, Property (Mortgages) 3d sec. 7.2 (1997) would be. And before today, I knew of no place in the Code where a Court has held that “manner” without “t

rs suggests that imputation of a reasonable time limit is not a departure from the ordinary legal meaning of the word — any more than imputation of a reasonable delivery time in a contract for delivery of specified goods, 1 Restatement, Contracts 2d sec. 33 (1981), or imputation of a reasonable time for closing a conveyance of property, 1 Restatement, Property (Mortgages) 3d, sec. 7.2 (1997) would be. And before today, I knew of no place in the Code where a Court has held that “manner” without “

. 277, 48 Stat. 680; art. 17(a)(2) of Regs. 97 under the Revenue Act of 1936, ch. 690, 49 Stat. 1648; art. 17(a)(2) of Regs. 102 under the Revenue Act of 1938, ch. 289, 52 Stat. 447; sec. 23.17(a)(2) of Regs. 104 under the Code of 1939 (1939 Code); sec. 33.17(a)(2) of Regs. 110 under the Second Revenue Act of 1940, ch. 757, 54 Stat. 974, relating to the excess profits tax; and sec. 24.17(a)(2) of Regs. 129 under the 1939 Code in respect of years after 1949 and before 1954. 37 After the enactment

ing when a breach of the agreement could occur and (2) affording an appropriate remedy to the party aggrieved in the event of a breach. Louis Stoico, Inc. v. Colonial Dev. Corp., 343 N.E.2d 872, 875 (Mass. 1976); see also 1 Restatement Contracts 2d, sec. 33, comment a (1979). Consequently, we reject respondent’s contention that Mass. Ann. Laws ch. 106, sec. 9-203 (Law. Co-op 1984), requires a written agreement in order to effect a sale of accounts receivable. We, therefore, consider whether, pur

— For purposes of this section— (1) The tax imposed by subtitle A and the tax shown on the return shall both be determined without regard to the payments on account of estimated tax, without regard to the credit under section 31, without regard to the credit under section 33, and without regard to any credits resulting from the collection of amounts assessed under section 6851 (relating to termination assessments).