Ambase Corporation, f.k.a. The Home Group Inc. - Page 17




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          revoked revenue rulings issued in connection with the Interest              
          Equalization Tax.10  DEFRA sec. 127(g)(3), 98 Stat. 652.                    
               In the instant case, the parties dispute whether petitioner            
          qualifies for the transitional relief provided in DEFRA section             
          127(g)(3).  In addition, the parties dispute whether, if                    
          petitioner is not eligible for relief under DEFRA section                   
          127(g)(3), petitioner is nonetheless exempt from withholding                
          liability pursuant to article VIII(1) of the income tax treaty              
          between the United States and the Netherlands, as extended to the           
          Netherlands Antilles (U.S.-Netherlands income tax treaty).11                
               Some background is helpful in understanding the transition             
          provisions of DEFRA section 127(g)(3).  In the 1960's, U.S.                 
          companies began to raise capital through the Eurobond market by             
          using specialized finance subsidiaries.  Such a finance                     
          subsidiary was organized exclusively to issue debt in the                   
          Eurobond market and lend the proceeds to its U.S. parent or                 
          domestic or foreign affiliates in exchange for a promissory note.           
          The U.S. parent or other affiliate would typically guarantee the            



               10 The Interest Equalization Tax was enacted in the Interest           
          Equalization Tax Act, Pub. L. 88-563, 78 Stat. 809 (1964), and              
          expired on June 30, 1974.                                                   
               11 Convention with Respect to Taxes on Income and Certain              
          Other Taxes, Apr. 29, 1948, U.S.-Neth., 62 Stat. 1757, TIAS 1855            
          (extended to the Netherlands Antilles by Protocol, June 15, 1955,           
          6 U.S.T. 3696, TIAS 3366; amended by Protocol, Oct. 23, 1963, 15            
          U.S.T. 1900, TIAS 5665; modified and supplemented by Convention,            
          Dec. 30, 1965, 17 U.S.T. 896, TIAS 6051).                                   





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