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The case would then be returned to a lower court to come up with a remedy, and perhaps make "people whole who have been double taxed," he added.
The accumulation of profits in the FSC will generate investment income (usually interest income), a portion of which is double taxed when remitted to the parent.
For example, if I pay a plumber from my after-tax funds to unclog a pipe, he cannot claim that he is being double taxed when he pays taxes on his receipts because I have previously paid taxes on the funds from which I paid him.