Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 5

                                                  - 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