Del Commercial Properties, Inc. - Page 12




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          payments directly to Delcom Financial.  Del Netherlands acted as            
          a mere shell or conduit with respect to the interest payments Del           
          Commercial made.  In substance, Del Commercial received the $14             
          million loan from Delcom Financial and made the loan payments to            
          Delcom Financial, a Canadian corporation.  Del Commercial                   
          therefore is liable for the withholding taxes determined by                 
          respondent.                                                                 
             Northern Ind. Pub. Serv. Co. v. Commissioner, 105 T.C. 341               
          (1995), affd. 115 F.3d 506 (7th Cir. 1997), on which Del                    
          Commercial relies, is distinguishable.  That case involved a loan           
          to a U.S. corporation from a foreign subsidiary corporation using           
          funds obtained from unrelated parties on the Eurobond market.  In           
          the transaction at issue in the instant case, the participation             
          of Del Netherlands had no purpose other than avoidance of                   
          withholding tax.  Even the interest-rate spread that Del                    
          Netherlands was to earn was eliminated in 1992 when the interest            
          rate of the Royal Bank loan was increased to 1� percent.                    
          Northern Ind. Pub. Serv. Co. provides no support for Del                    
          Commercial.                                                                 
             Under section 6651(a)(1), an addition to tax is imposed for              
          failure to file a tax return, and under section 6656, an addition           
          to tax is imposed for failure to timely deposit a tax due in a              
          Government depository, unless it is shown that such failures were           
          attributable to reasonable cause and not to willful neglect.  Del           






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