- 175 - wholly owned Netherlands Antilles subsidiary of a domestic parent of a controlled group of corporations sold bonds to foreign persons in public offerings outside the United States, (2) the Netherlands Antilles subsidiary lent the proceeds of the bond sale to a wholly owned domestic subsidiary of that parent, and (3) the Netherlands Antilles subsidiary was a conduit for the passage of interest payments by that domestic subsidiary to the foreign bondholders, those interest payments were not exempt from U.S. taxation under the U.S.-Netherlands treaty as extended to the Netherlands Antilles. With respect to petitioner's contention that the interest at issue in the Horbury transaction is exempt from U.S. taxation under article VIII(1) because the express provisions of that article have been satisfied, it is respondent's position that petitioner has not satisfied his burden of proving that that interest is so exempt. To support that position, respondent relies on the substance over form doctrine and related princi- ples, which this Court applied in Aiken Indus., Inc. v. Commis- sioner, 56 T.C. at 933-934. Although respondent concedes that a loan, in fact, was made to BOT in the Horbury transaction, she contends that, in substance, Pioneer, rather than Horbury, was the lender and the interest paid by BOT was paid to Pioneer, and not to Horbury. With respect to petitioner's contention that the interest at issue in the Horbury transaction is exempt from U.S. taxationPage: Previous 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 Next
Last modified: May 25, 2011