Wow, what a troll.stija wrote:....I only alleged that under US laws, my hypothetical Delaware corporation will be a foreign corporation and feds will direct its conduct as such. No overriding takes place, that is my whole point. YOU are implying that United States can override Delaware's prohibition that its corporate citizen domesticate in United States - something clearly and explicitly prohibited in Title 8 Subchapter XVI Section 390 by Delaware's language.
We explained this to you yesterday. Under the Internal Revenue Code, a Delaware corporation is not a "foreign corporation." The law has not changed since yesterday.
Yes, IF the laws of Delaware were contrary to the laws of the United States on this point (which they are not), the laws of the United States would be the law that would be followed -- not just by federal judges, but by STATE judges in Delaware in cases involving DELAWARE STATE LAW. THAT'S WHAT THE SUPREMACY CLAUSE MEANS.
Notice that I said "IF." The corporate laws of Delaware do not conflict with the U.S. tax code.
No. See explanation above.In other words, I allege that when my corporation enters Alabama it functions within its sovereignty as a foreign corporation. Same is true within United States jurisdiction and United States law - as is the case with other 49 jurisdictions as well.
No. See explanation above. Your ability to read and understand a state Corporate Code is obviously flawed.You can check their Corporate Code if you do not believe me.
That's correct. (I'm the one who pointed that out.)One of your members also pointed out that a Tibetan monk can incur income and a liability on such income having NEVER SET FOOT on American soil.
No, it's not a "coincidence." And, no, it's not because of your goofy, nonsensical theories about how the law works, either. The fact that these corporations are incorporated in Delaware has nothing to do with your goofy, nonsensical idea.You think it is a coincidence that more than half of Fortune 500 are incorporated in Delaware? Of everywhere in the world, like Nevada or Hong Kong, why Delaware?
It's not a question of "evidence" and there's nothing to "explore." These are legal concepts, not factual concepts. And your approach is not the proper way to perform legal analysis.I think you are onto something, the question is will you explore it and actually be willing to look at the evidence?
Look, pal, this is the EASY part of law. Assuming that you actually believe what you are writing and are not simply a flat-out, full bore troll, you just aren't going to be able to master this topic using the methods you are using.
You keep pretending that you don't understand this stuff. CONGRESS HAS A GRANT IN THE U.S. CONSTITUTION ON SUCH MATTERS -- FEDERAL TAXATION. Further, the Delaware corporation laws do not contradict federal tax law on this point. You are simply piling one idiotic, nonsensical pseudo-legal theory on top of another.Are you inferring that Congress can legislate for foreign corporate citizens without a grant in the US Constitution on such matters and especially so when the chartering sovereignty would prohibit such conduct?
U.S. Constitution, Article I, section 8, clause 1; Sixteenth Amendment.This would be where you tell me where in the US Constitution such a grant would exist or be implied....
And the statute is Internal Revenue Code section 7701. Under section 7701(a)(4) and (a)(5), a Delaware corporation is a DOMESTIC corporation.
A determination of whether a corporation is DOMESTIC or FOREIGN for federal income tax purposes is a determination made under FEDERAL law, not Delaware law.
This is not rocket science, pal.