- 15 - the remaining $14,700,000 of the consolidated HGI note to City as a return of capital.8 In the case of each distribution by Finance, City recorded capital contributions to HGI of the amounts of the consolidated HGI note distributed by Finance. HGI, in turn, recorded the extinguishment of the amounts of the consolidated HGI note transferred by Finance to City. Tax Reporting of the Transactions City filed Forms 1042, U.S. Annual Return of Income Tax To Be Paid at Source, for the taxable years ended December 31, 1979 through 1985, attached to which were Forms 1042S, Income Subject to Withholding Under Chapter 3, Internal Revenue Code, for each year reporting gross amounts of income paid to Finance and claiming a zero-percent rate of withholding tax for such payments based on Forms 1001, Ownership, Exemption, or Reduced Rate Certificate. Respondent subsequently issued petitioner a statutory notice of deficiency, determining additional amounts of tax required to be withheld by City for the years at issue. OPINION Sections 871(a)(1) and 881(a)(1) generally impose a tax of 30 percent on amounts received as interest from sources within the United States by nonresident alien individuals and foreign 8 The record does not indicate what was done with the FR notes upon the liquidation of Finance.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011