Medieval Attractions N.V - Page 67

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          the guarantee fees were shams and that there was no "ordinary and           
          necessary" business purpose for the guarantee fees as required by           
          section 162.  The amounts paid to Dapy and Roundabout, and                  
          subsequently distributed to the Spanish investors as guarantee              
          fees, were dividends.  Accordingly, respondent's determination              
          will be sustained.                                                          
          X.  Failure To Deposit Withholding Tax                                      
               Respondent contends that petitioners are liable for a                  
          penalty under section 6656 because they "failed to withhold and             
          periodically deposit withholdings of tax".  Respondent asserts              
          that the penalty applies to the extent that the Court concludes             
          that the MDT payments to various foreign entities and individuals           
          were subject to the 30-percent withholding under section 1442 and           
          petitioners failed to withhold.                                             
               Section 6656, as it applies to returns with a due date prior           
          to December 31, 1989, states:                                               
               SEC. 6656.  FAILURE TO MAKE DEPOSIT OF TAXES OR                        
          OVERSTATEMENT OF DEPOSITS.                                                  
                    (a) Underpayment of Deposits.--In case of failure                 
               by any person required by this title or by regulation                  
               of the Secretary under this title to deposit on the                    
               date prescribed therefor any amount of tax imposed by                  
               this title in such government depositary as is                         
               authorized under section 6302(c) to receive such                       
               deposit, unless it is shown that such failure is due to                
               reasonable cause and not due to willful neglect, there                 
               shall be imposed upon such person a penalty of 10                      
               percent of the amount of the underpayment.  For                        
               purposes of this subsection, the term "underpayment"                   
               means the excess of the amount of the tax required to                  
               be so deposited over the amount, if any, thereof                       
               deposited on or before the date prescribed therefor.                   




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