VIEWPOINT Toulouse: No Treaty-Based Credit?

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.

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