Square D Company and Subsidiaries - Page 26




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          owner,10 but a hypothetical U.S.-owned corporation would be                 
          permitted accrual basis deductions for interest amounts owed to             
          its U.S. owner (as long as that owner used the accrual method).             
               We are not persuaded by petitioner’s supposed “connection”.            
          Section 1.267(a)-3, Income Tax Regs., operates independently of             
          the residence of the owners of the payor corporation; the fact              
          that payments to a foreign owner might be treated differently               
          from payments to a U.S. owner is merely incidental.  As                     
          respondent argues:  “The basis for deferring the interest                   
          deduction [under the challenged regulation] is dependent entirely           
          on the U.S. tax treatment of the payment in the hands of the                
          foreign corporation, not the identity or nationality of the owner           
          of the payor.”  This is clear when the operation of section                 
          1.267(a)-3, Income Tax Regs., is examined more closely.  For                
          instance, a U.S. corporation, whether U.S.-owned or foreign-                
          owned, must in general deduct on the cash method interest                   
          payments to a related foreign person that are not effectively               
          connected income of that foreign person.  Sec. 1.267(a)-3(b)(1)             


               10 As noted earlier, see supra note 3, none of the interest            
          with respect to the 1991 Subordinated Loans was owed to                     
          petitioner’s parent, Schneider, because it was all owed to SNC              
          during the years in issue.  Thus, petitioner’s argument would not           
          apply to the interest on the 1991 Subordinated Loans.  However,             
          the interest on the 1992 Subordinated Loan was owed to Schneider,           
          making petitioner’s argument relevant to that interest.  In any             
          event, we find that sec. 1.267(a)-3, Income Tax Regs., does not             
          violate Article 24(3), rendering moot whether the interest at               
          issue was owed to Schneider or to SNC.                                      





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