Medieval Attractions N.V - Page 62

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          are liable for withholding because they have not established any            
          treaty exemption.                                                           
               We concluded earlier that the amounts that were paid from              
          MDT and MSI to MABV and MTBV were not interest because there was            
          no debt as required under section 163.  In reaching our                     
          conclusion, we did not have to make a decision about the                    
          viability of MABV and MTBV as business entities, and we do not              
          have to do so now.  The payments that MDT and MSI made to MABV              
          and MTBV, respectively, were paid in relation to an equity                  
          contribution from MABV and MTBV to MDT and MSI, respectively.               
          Accordingly, the payments are subject to the withholding tax, and           
          respondent's determination is sustained.                                    
               B.  Franchise Fees That Were Paid by MANV to Manver in                 
          Fiscal Year Ended November 30, 1987                                         
               Petitioners argue that Manver was a corporation validly                
          formed under the laws of The Netherlands and that the payments              
          were exempt under a treaty with The Netherlands.                            
               Respondent contends that the payments were disguised                   
          dividends that were paid to the Spanish investors, and,                     
          therefore, petitioners are not entitled to a benefit under the              
          treaty.                                                                     
               We concluded earlier that Manver did not own the                       
          intangibles, and, therefore, there was no "arm's-length" reason             
          to make franchise payments, and the payments were not "ordinary             
          and necessary" under section 162(a).  Because MANV had no reason            
          to compensate Manver, the MANV payments were dividends to the               



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