- 44 - investment of the cash it received from City in the notes of HGI conforms to Rev. Rul. 69-377, supra, and the cycling back of that cash from HGI to City is not inconsistent with the principles revealed in the amplification of that ruling in Rev. Rul. 72-416, supra. The principles of these and the other listed rulings recognize highly artificial transactions with elements of circularity. This was the administrative position of the Commissioner with respect to recognizing the debt of finance subsidiaries as their own during the pendency of the Interest Equalization Tax, and in DEFRA section 127(g)(3)(B) Congress adopted that position as the standard for extending relief from withholding tax obligations. This interpretation of the phrase “requirements which are based on the principles set forth in Revenue Rulings 69-501, 69- 377, 70-645, and 73-110" as used in DEFRA section 127(g)(3)(B) is consistent with the legislative history of that section, which indicates that Congress intended broad relief under the provision 22(...continued) to be disregarded. Respondent’s assertions notwithstanding, HGI did receive consideration for its notes; namely, cash. Respondent’s argument concerning lack of consideration comes down to the claim that because HGI immediately (and as prearranged) transferred the cash received as consideration to City as a dividend, HGI’s receipt of the cash should be ignored, resulting in a lack of consideration for the notes. We think this argument is merely a variant of the circular cash-flow critique, and we reject it for the same reason: under the principles of the listed rulings, transactions designed to capitalize a finance subsidiary are not disregarded because they contain elements of circularity.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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