Del Commercial Properties, Inc. - Page 10




                                       - 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

Last modified: May 25, 2011