- 46 - transfer of revenues from the U.S. Treasury, the Antilles should have some time to adjust to tax law changes that affect its economy. [Id. at 392-393.] See also S. Prt. 98-169 (Vol. 1), supra at 420-421. In the transition relief provided in DEFRA section 127(g)(3), Congress thus struck a balance between the generally disfavored use of conduitlike arrangements to secure treaty benefits and a desired adjustment period. We conclude that the circular cash-flow involved in the capitalization of Finance is not contrary to the principles of the listed rulings and accordingly that Finance’s debt/equity ratio did not exceed 5 to 1. We therefore hold that Finance satisfies requirements based on the principles set forth in the listed rulings, which qualifies City’s payments of interest during the years at issue for the relief provided in DEFRA section 127(g)(3); namely, deemed treatment as made to a resident of the Netherlands Antilles and therefore exempt from tax under article VIII(1) of the U.S.-Netherlands income tax treaty.23 Petitioner is therefore not liable for withholding taxes under section 1461. 23 In light of our holding, we need not address petitioner’s alternative argument that, absent qualification under DEFRA sec. 127(g)(3), Finance “derived” interest from City within the meaning of article VIII(1) of the U.S.-Netherlands income tax treaty.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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