- 15 - for the withholding tax if Finance's debt-to-equity ratio does not exceed 5 to 1.7 Petitioner argues that its assignment of accounts receivable in an amount of at least $28 million was an equity investment in Finance that brings Finance well within the debt-to-equity ratio of 5 to 1. Respondent argues that this assignment was not an equity investment because actual ownership of the accounts receivable was never transferred. Before we launch any inquiry into the true nature of the assignment of petitioner's accounts receivable, we will first inquire into the legal basis for respondent's reliance on alleged inadequate capitalization as a 6(...continued) In light of the inseparability of the IET [Interest Equalization Tax] and the five to one debt to equity ratio and resultant Federal income tax consequences, the expiration of the IET on June 30, 1974, eliminated any rationale for treating finance subsidiaries any differently than other corporations with respect to their corporate validity or the validity of their corporate indebtedness. Thus, the mere existence of a five to one debt to equity ratio, as a basis for concluding that debt obligations of a finance subsidiary constitute its own bona fide indebtedness, should no longer be relied upon. [Id.] 7As more fully discussed infra, sec. 127(g)(3) of the Deficit Reduction Act of 1984 (DEFRA), Pub. L. 98-369, 98 Stat. 652, provides a "safe harbor" from taxation for interest paid to a controlled foreign corporation if the requirements of the above-mentioned revenue rulings are met. At trial, respondent's counsel acknowledged that the specific capital requirements of the revenue rulings outlined above were not based on statute or case law, except to the extent that compliance with them is required to come within the "safe harbor" provisions of DEFRA sec. 127(g)(3).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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