Skip to Main Content

VIEWPOINT Toulouse: No Treaty-Based Credit?

October 25, 2021, Tax Notes International

H. David Rosenbloom is a member with Caplin & Drysdale in Washington, the James S. Eustice Visiting Professor of Taxation and the director of the international tax program at New York University School of Law, and a member of Tax Analysts’ board of directors. Fadi Shaheen is a professor of law and a Professor Charles Davenport Scholar at Rutgers Law School in Newark, New Jersey.

In this article, Rosenbloom and Shaheen maintain that the U.S. Tax Court’s decision in Toulouse — that U.S. tax treaties with France and Italy do not provide a treaty-based foreign tax credit against the net investment income tax — is mistaken.

Copyright 2021 H. David Rosenbloom and Fadi Shaheen. All rights reserved.

For the full article, please visit Tax Notes' website (subscription required) or click the PDF link above.

Related Professionals

Related Practice Area(s)