- 10 - have been fruitless without a completion of the series of steps (mutual-interdependence test). See id. at 1429-1430; Custom Chrome, Inc. v. Commissioner, T.C. Memo. 1998-317, on appeal (9th Cir., Nov. 9, 1998). We have applied the step-transaction doctrine to disregard the use of intermediaries and conduits for Federal tax purposes. See Packard v. Commissioner, 85 T.C. 397, 420 (1985); D’Angelo Associates, Inc. v. Commissioner, 70 T.C. 121, 129 (1978); Gaw v. Commissioner, T.C. Memo. 1995-531, affd. without published opinion 111 F.3d 962 (D.C. Cir. 1997). Back-to-back loans similar to those involved herein between U.S. corporations and related foreign corporations and between the foreign corporations and their indirect foreign parent corporations have been held to represent mere conduits for the passage of interest payments, and in such situations we have imposed withholding tax liability on the U.S. corporate payors. See Aiken Indus., Inc. v. Commissioner, 56 T.C. 925, 934 (1971). Respondent argues that in substance the interest payments in issue made by Del Commercial were paid to Delcom Financial, a Canadian taxpayer, with regard to the $14 million Royal Bank loan and therefore that Del Commercial, under the U.S.-Canada Treaty, is liable for a 15-percent withholding tax on the interest payments.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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