Del Commercial Properties, Inc. - Page 2




                                        - 2 -                                         
                                        Additions to Tax                             
          Year     Deficiency      Sec. 6651(a)(1)    Sec. 6656                       
                                                                                     
          1990           $  5,823          $  1,456       $   582                     
          1991           136,238        34,060        13,624                          
          1992           479,445           119,861          47,945                    
          1993           265,732        66,433              26,573                    

               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
               After concessions, the issues for decision are whether,                
          under sections 894, 1441, and 1442 and under a treaty between the           
          United States and Canada, interest paid by petitioner is subject            
          to withholding tax and whether petitioner is liable for additions           
          to tax for failure to timely file withholding tax returns and for           
          failure to make deposit of withholding taxes.                               

                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
               At the time the petition was filed, petitioner’s principal             
          place of business was located in Ontario, Canada.  Petitioner               
          (Del Commercial) was incorporated in the State of Illinois.  Del            
          Commercial invested in and owned industrial real property located           
          in the United States and leased the property to tenants.                    
               In 1990, Del Commercial participated in a series of related            
          and essentially simultaneous financial transactions with a number           
          of its affiliated foreign corporations.  As set forth in the                




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