Del Commercial Properties, Inc. - Page 7




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             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 the              






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Last modified: May 25, 2011