107 T.C. No. 10 UNITED STATES TAX COURT SDI NETHERLANDS B.V., f.k.a. SDI INTERNATIONAL B.V., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 23747-94. Filed October 2, 1996. P was the licensee of a Bermuda corporation (SDI Bermuda) of worldwide rights to use computer software. P in turn licensed those rights for use in the United States to a U.S. corporation (SDI USA). P received royalties from SDI USA as well as from other licensees. P paid specified percentages of the royalties it received from its licensees to SDI Bermuda. P, SDI USA, and SDI Bermuda were members of a group of corporations under common control. Held, the two licenses were separate and distinct from each other with the result that the royalties paid to P by SDI USA did not retain their U.S. source character as part of the royalties paid by P to SDI Bermuda. Consequently, they were not income "received from sources within the United States by" SDI Bermuda within the meaning of sec. 881 (a), I.R.C., so as to subject P to withholding tax as provided in secs. 1441(a) and 1442(a), I.R.C.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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