- 5 - Additions to Tax or Penalties Section Section Section Section Section Section Year Deficiency 6651(a)1 6653(a)(1) 6653(a)(2) 6653(a)(1)(A) 6653(a)(1)(B) 6656(a) 1984 $65,466 $16,366 $3,273 * $ -- -- $6,547 1985 124,338 31,085 6,217 * -- -- 12,434 1986 186,183 46,546 -- -- 9,309 * 18,618 * 50 percent of the interest due on the portion of the underpayment attributable to negligence. Respondent determined that the entire underpayment was attributable to negligence. In a separate notice of transferee liability, respondent determined that petitioner is liable as a transferee of BOT Building Corp. (BOT) for the following deficiencies in, additions to, and penalties on BOT's withholding tax: Additions to Tax or Penalties Section Section Section Section Section Section Year Deficiency 6651(a) 6653(a)(1) 6653(a)(2) 6653(a)(1)(A) 6653(a)(1)(B) 6656(a) 1984 $95,751 $23,938 $4,788 * $ -- -- $9,575 1985 93,739 23,435 4,687 * -- -- 9,374 1986 35,778 8,945 -- -- 1,789 * 3,578 * 50 percent of the interest due on the portion of the underpayment attributable to negligence. Respondent determined that the entire underpayment was attributable to negligence. The following issues remain for decision: (1) Was the interest paid by Radcliffe and by BOT with respect to the loan2 transactions at issue subject to withholding tax under section 1442(a)? We hold that it was to the extent 1 Unless otherwise indicated, all section references are to the Internal Revenue Code (Code) in effect for the years at issue and all Rule references are to the Tax Court Rules of Practice and Procedure. 2 The words "loan", "lend", "interest", "fund", "funded", "se- cure", "security", "pledge", "payment", "lien", "guaranteed", "collateral", and similar words are used herein to describe the form of the transactions at issue and do not reflect acceptance by the Court that the substance of the transactions follows the form thereof.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011