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Buffett Testifies In Berkshire Hathaway Tax Dispute

by Mike Godfrey, Tax-News.com, Washington

28 September 2005

Billionaire investment guru, Warren Buffett on Monday testified in a lawsuit brought by Berkshire Hathaway against the US Internal Revenue Service over the tax authority's decision to disallow $16.3 million in tax deductions.

The legal dispute between the IRS and Berkshire began in 2002, and involves the taxes paid by the organisation in 1989, 1990 and 1991.

The investment firm has alleged that the IRS made an "erroneous, wrongful and illegal" interpretation of the US tax code.

The tax body's decision was based on the discovery that Berkshire Hathaway had borrowed $750 million to buy dividend-paying stock. It was interpreting a piece of legislation passed by Congress to address concerns that organisations were employing such tactics to convert pretax losses into after-tax gains, which therefore stipulated that deductions be reduced if borrowed money is directly attributable to the investment that pays the dividend.

However, the holding company argued that the money in the account which received IRS scrutiny came from several sources, and was used for thousands of transactions. It further stated that the purpose of buying stocks was to enhance the company's overall financial strength, rather than to purchase the stocks in question because they paid dividends.

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