SDI Netherlands B.V., f.k.a. SDI International B.V. - Page 26

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          additions to tax as determined by respondent herein, each payor                    
          in the chain might well feel compelled to file returns and pay                     
          withholding taxes.  See Glicklich, "Final Regulations on Conduit                   
          Financing Arrangements Empower the IRS", 84 J. Taxn. 5, 12                         
          (1996).  We are not disposed to conclude, in the absence of any                    
          legislative expression on the subject, that Congress intended the                  
          statutory provisions to permit "cascading" with the question of                    
          relief left to the mercy of respondent.                                            
                We hold that the payments by petitioner with respect to                      
          which respondent seeks to impose liability for the 30 percent                      
          withholding tax herein were not "received from sources within the                  
          United States by" SDI Bermuda under sections 881(a), 1441(a), and                  
          1442(a).17                                                                         


                                                 Decision will be entered                    
                                           for petitioner.                                   







          17  We note that changes in the U.S.-Netherlands treaty,                           
          applicable to years subsequent to the years before us, may                         
          provide a different framework for disposing of this issue.                         
          Convention for the Avoidance of Double Taxation, U.S.-Neth.,                       
          Dec. 18, 1992, Tax Treaties (CCH) par. 6103.01, as amended by                      
          Supplementary Protocol, Oct. 13, 1993, Tax Treaties (CCH) par.                     
          6116.                                                                              




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