In Tax Notes International, Fadi Shaheen (Rutgers) has a new piece, “Jurisdictional Nexus and Creditability.” (Link to the version on SSRN here.) Here’s the abstract:

This article discusses two suspended oversteps of the 2022 U.S. foreign tax credit regulations, supporting the initiative of Treasury and the IRS to reconsider them. The article argues that eliminating the predominant character element from the definition of a creditable foreign income tax is at odds with case law. It also argues that adding a jurisdictional nexus conformity requirement for creditability is at odds with case law, statutory history, statutory text (especially IRC section 906(b)(1)), and legislative history. Finally, it suggests considering a shift in focus from whether a foreign tax is an income tax to whether a foreign levy is a tax, and perhaps from a jurisdictional nexus conformity requirement to a narrower jurisdictional nexus requirement.