SDI Netherlands B.V., f.k.a. SDI International B.V. - Page 18

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          close relationship of the various corporations involved.  Compare                  
          Gaw v. Commissioner, T.C. Memo. 1995-531, on appeal (D.C. Cir.,                    
          May 20, l996).                                                                     
                Rather, respondent focuses her argument solely on the                        
          proposition that, since the royalties paid by SDI USA to                           
          petitioner were U.S. source income, they retained that character                   
          as part of the royalties paid by petitioner to SDI Bermuda and,                    
          as a matter of law, constitute income "received from sources                       
          within the United States by" SDI Bermuda under section 881(a).14                   
          Respondent contends that the fact that such royalties were                         
          combined with non-U.S. source royalties received by petitioner to                  
          determine the amount of royalties payable by petitioner to SDI                     
          Bermuda does not preclude the tracing of the royalties received                    
          by petitioner from SDI USA to U.S. sources.  To implement such                     
          tracing, respondent simply applies the percentage specified in                     
          the worldwide license agreement between petitioner and SDI                         
          Bermuda and utilized in computing the amount of the required                       
          payment by petitioner to SDI Bermuda.  To support her contention                   
          that such an allocation is permissible, respondent cites                           
          Wodehouse v. Commissioner, 15 T.C. 799 (1950); Rohmer v.                           
          Commissioner, 14 T.C. 1467 (1950); Rohmer v. Commissioner, 5 T.C.                  


          14  At no time has respondent contended that petitioner has                        
          failed to carry its burden of proof in respect of the factual                      
          foundations of this legal issue.                                                   




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