Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 196

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                  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).                                                          




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