Medieval Attractions N.V - Page 63

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          shareholders of MANV.  Although the dividends in form passed                
          through Manver, the ultimate payees were the MANV shareholders.             
          Accordingly, the payments are subject to withholding tax, and               
          respondent's determination is sustained.                                    
               C.  MDT and MSI Payments to Manver in March 1988                       
               Petitioners argue that the March 1988 transactions in                  
          connection with the up-front royalty payments were not shams, and           
          the cash payments should be recognized.  Petitioners further                
          argue that there is no withholding applicable because the                   
          significant event for withholding tax purposes was the lump-sum             
          payment in December 1987.                                                   
               Respondent contends that the up-front payments were illusory           
          and shams, and, therefore, those payments were not subject to               
          withholding.  Respondent asserts that the withholding would apply           
          later when petitioners repatriated the funds as dividends through           
          the guise of loan payments.                                                 
               We concluded previously that the transactions in connection            
          with the up-front royalty payments were shams that were entered             
          into solely for tax-avoidance purposes.  We agree with respondent           
          that the payments were illusory and are not subject to                      
          withholding.  We also agree that the amounts paid out as loan               
          payments on the transactions were dividends and were subject to             
          withholding when the payments were made.  Accordingly,                      
          respondent's determination is sustained.                                    






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