- 7 - For 1991 through June 1992, Del Netherlands transferred the funds received from Del Commercial either to Delcom Holdings or to Delcom Financial. The funds were used to pay principal and interest owed on the $14 million Royal Bank loan. In July of 1992, because of concern of Royal Bank over payments due on its $14 million loan, Del Commercial began to make the loan payments due on the loan it had purportedly received from Del Netherlands directly to Delcom Financial, bypassing Del Netherlands and Delcom Holdings, and Delcom Financial then forwarded funds to Royal Bank in payment on the Royal Bank loan. On Del Commercial’s books and records, those loan payments were still recorded as having been made to Del Netherlands. On December 4, 1992, Delcom Financial and Royal Bank amended the terms of the original $14 million Royal Bank loan. The amendment, among other things, increased the interest rate charged on the loan by 1 percent. Also, under the amended loan agreement, Tridel added its guaranty on the Royal Bank loan. For 1990 through 1993, Del Commercial did not file U.S. Federal withholding tax returns with respect to the interest payments in issue. On audit, respondent determined that the substance of the $14 million loan to Del Commercial reflected a loan not from Del Netherlands, but from Delcom Financial, and therefore that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011