Ambase Corporation, f.k.a. The Home Group Inc. - Page 21




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               exemption from the withholding tax and a number of legal               
               arguments would support the taxation of these arrangements             
               in accordance with their form.  * * *                                  
               3 Compare, e.g., Aiken Industries, Inc., 56 T.C. 925                   
               (1971), and Plantation Patterns, Inc. v. Commissioner,                 
               462 F.2d 712 (5th Cir. 1972), 72-2 U.S.T.C. Paragraph                  
               9494, cert. denied, 406 U.S. 1076, with Moline                         
               Properties, 319 U.S. 436 (1943), 43-1 U.S.T.C.                         
               Paragraph 9464 and Perry R. Bass, 50 T.C. 595 (1968).                  
               [Id. at 419].                                                          
          See also Staff of Joint Comm. on Taxation, General Explanation of           
          the Revenue Provisions of the Deficit Reduction Act of 1984, at             
          390 (J. Comm. Print 1984) (hereinafter General Explanation).                
               Concluding that tax-free access to the Eurobond market for             
          U.S. companies should be direct, rather than through finance                
          subsidiaries, the Finance Committee decided to repeal the                   
          withholding tax on portfolio interest paid to foreign                       
          corporations and nonresident alien individuals.  The Committee              
          was “concerned, however, that repeal of the withholding tax,                
          without a transitional period, may have a substantial negative              
          impact on the economy of the Netherlands Antilles” because “the             
          use of the Antilles as a financial center is likely to be                   
          substantially reduced”.  S. Prt. 98-169 (Vol. 1), supra at 420.             
          Therefore, the Committee “[provided] for a gradual phase-out,               
          rather than immediate repeal, of the withholding tax” on interest           
          paid with respect to portfolio debt, in the form of a reduction             
          in the rate from 30 percent to 5 percent on interest received               








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