Ambase Corporation, f.k.a. The Home Group Inc. - Page 46




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               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.                                                                     





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