Even then. Such a case would not go unnoticed. It would bring clarity into the matter, which IRS does not want. There are chances that the court would rule it to be not subject to profit tax.
I mean how can a company managed from Germany with only German staff be subject to profit tax in the US because of their FBA warehouse? If it was like that all US companies would start using Saudi warehouses and pay
no tax.
(1) Ahhh... I see.... how you are looking at it.
The target doesn't have to be charged with anything tax-related. Most people haven't dealt with the DOJ's full force. It's kind of like Al Capone.
There are THOUSANDS & THOUSANDS of cases like this every day and TWICE on Sundays. Never think you are dealing with sane people.
Only read the Appellate's Court's decision if you can handle your worst nightmare! This is so bad. I advise people NOT to read it as it sends you down a really dark path, and chances are, like me, you will need anti-depressants.
Now, I will link the Appellate Court's decision:
https://www.govinfo.gov/content/pkg/USCOURTS-ca7-11-01061/pdf/USCOURTS-ca7-11-01061-0.pdf
Hence the present state is much more attractive. All companies ask a lawyer and what can he advise? He cannot tell you not to pay taxes. He tells you to pay taxes and helps the IRS.
That's why they do not do any advance ruling and don't sure. They just take the money that comes for free.
(2) Unpublished opinion! Most people have NEVER heard of these. It's a killer and sets NO precedence. Nothing for anyone to worry about.
I wrote about this here:
Thailand new change - world wide income at Thai tax levels to be taxed
PS. In one of my own cases, four co-defendants fought back and went to jury trial. Four out of 18 co-defendants pleaded guilty and turned state witnesses. I testified on behalf of my four friends. The government already knew I wasn't going to flip since I don't have subjective morals and ethice. They NEVER came to ask me ANYTHING! I didn't know the other 14 co-defendants. While testifying, as a matter of law, I brought up that what they charged the 4 with is NOT a prohibitive act. Long story short: The jury found them guilty anyway! The judge, as a matter of law, overturned the jury's decision. The government appealed. The appellate court sided with the district court judge.
The 14 state witnesses who testified for the government being left out to dry, tried to withdraw their guilty pleas as they realized they pleaded guilty to a non-existent crime. The district court denied it, the appellate court affirmed the district court's decision (unpublished opinion), and SCOTUS totally ignored it. No mention.
That, my friends, is how 14 dumb and lying snitches got sentenced for a NON-EXISTENT crime because they wanted to be the House SLAVE! They sided with the WRONG side to save their OWN skin!
PSS. I'll try to get permission of the four co-defendants to see if I can post the court's decision and the appellate decisions here. The court's decision of the 14 others has been sealed. I have a printed copy somehwere, but my digital copy I have NO idea where it is. I've changed computers so many times. It's a 2002 case. I fought those bastards for 17 years because a few attorneys believed in rule of law, rule-based orders, and all kinds of different Disney fantasies. Of course, NONE of them would defend any of us for free. BTW, it was a quasi-partner mine that blabbed about our business to his drinking buddies, mostly lawyers, on Shooters Waterfront in 2000. Vultures seeing a huge potential for them to make money without seeing the implications started trouble with different 3-letter agencies demanding an opinion letter to take the company public.
Ask ANY of those lawyers today and they'll claim: He won the case. He got justice. They don't seem to have ANY morals or ethics to understand the 17 years wasted and millions of dollars in opportunity cost wasted defending yourself from a tribe with NO morals or ethics! Yeah, so f*ck all of them!