- 94 - A. Taxation of Interest Received by Foreign Corporations--In General Except as provided in section 881(c), section 881(a) imposes a tax of 30 percent on, inter alia, amounts received as interest from sources within the United States by a foreign corporation63 to the extent the interest received is not effectively connected with the conduct of a trade or business within the United States (noneffectively connected interest). Section 1442(a) generally requires the payor of interest subject to the tax imposed by section 881(a) to deduct and withhold that tax at the source.64 Respondent contends, and petitioner does not dispute, that during the years at issue the interest in question that was received from Radcliffe and BOT was from sources within the United States. See sec. 861(a)(1); sec. 1.861-2(a)(1) and (2), Income Tax Regs. Nor does petitioner dispute respondent's posi- tion that during the years at issue the foreign corporations that are treated as having received interest from Radcliffe and/or BOT under respondent's theory of these cases (viz., Intercontinental, Traveluck, Double Wealth, Merit, Pempire, Forward, Pioneer, Multi-Credit, Mandalay, and Horbury) were not engaged in any 63 A "foreign corporation" is a corporation that is not organ- ized in the United States or under the law of the United States or of any State. Sec. 7701(a)(4) and (5). 64 Income effectively connected with the conduct of a trade or business within the United States that is included in the recip- ient's gross income under sec. 882(a)(2) is not subject to withholding. Secs. 1442(a), 1441(c).Page: Previous 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Next
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