- 26 - owner,10 but a hypothetical U.S.-owned corporation would be permitted accrual basis deductions for interest amounts owed to its U.S. owner (as long as that owner used the accrual method). We are not persuaded by petitioner’s supposed “connection”. Section 1.267(a)-3, Income Tax Regs., operates independently of the residence of the owners of the payor corporation; the fact that payments to a foreign owner might be treated differently from payments to a U.S. owner is merely incidental. As respondent argues: “The basis for deferring the interest deduction [under the challenged regulation] is dependent entirely on the U.S. tax treatment of the payment in the hands of the foreign corporation, not the identity or nationality of the owner of the payor.” This is clear when the operation of section 1.267(a)-3, Income Tax Regs., is examined more closely. For instance, a U.S. corporation, whether U.S.-owned or foreign- owned, must in general deduct on the cash method interest payments to a related foreign person that are not effectively connected income of that foreign person. Sec. 1.267(a)-3(b)(1) 10 As noted earlier, see supra note 3, none of the interest with respect to the 1991 Subordinated Loans was owed to petitioner’s parent, Schneider, because it was all owed to SNC during the years in issue. Thus, petitioner’s argument would not apply to the interest on the 1991 Subordinated Loans. However, the interest on the 1992 Subordinated Loan was owed to Schneider, making petitioner’s argument relevant to that interest. In any event, we find that sec. 1.267(a)-3, Income Tax Regs., does not violate Article 24(3), rendering moot whether the interest at issue was owed to Schneider or to SNC.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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