SDI Netherlands B.V., f.k.a. SDI International B.V. - Page 25

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          Bermuda were derived from the royalties received by petitioner                     
          from SDI USA, they were separate payments.                                         
                We find support for our conclusion herein in that                            
          respondent's view of the law could cause a cascading royalty                       
          problem, whereby multiple withholding taxes could be paid on the                   
          same royalty payment as it is transferred up a chain of                            
          licensors.  See, e.g., 1 Isenbergh, International Taxation: U.S.                   
          Taxation of Foreign Persons and Foreign Income, par. 7.8, pp.                      
          7:20-7:21 (2d ed. 1996); 2 Kuntz and Peroni, U.S. International                    
          Taxation C1-45 - C1-46 (1992); Dale, "Withholding Tax on Payments                  
          to Foreign Persons," 36 Tax L. Rev. 49, 66-67 (1980).  But for                     
          the U.S.-Netherlands treaty, the royalty payments from SDI USA                     
          could be subject to withholding tax twice under respondent's                       
          reasoning herein.                                                                  
                Respondent argues that only one withholding tax is being                     
          sought herein.  However, this ignores the fact that, by treaty,                    
          the U.S. agreed to forgo taxing royalties and to allow them to be                  
          taxed by The Netherlands.  Whether or not The Netherlands                          
          actually taxed the royalties is irrelevant.                                        
                Respondent also infers that she would use her discretion not                 
          to apply more than one level of withholding tax on multiple                        
          transfers of income that originated as U.S. source income.  We                     
          think this places an improper exercise of discretion in                            
          respondent's hands.  To avoid the imposition of interest and                       




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