Square D Company and Subsidiaries - Page 27




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          and (2), (c)(2), Income Tax Regs.  Further, payments of interest            
          that are effectively connected income may be deducted on the                
          accrual method if the foreign payee uses the accrual method,                
          again without regard to the residence of the owners of the payor.           
          Sec. 1.267(a)-3(c)(1) and (2), Income Tax Regs.  Thus, if a U.S.            
          corporation is making a payment of interest to a related foreign            
          person, the accounting method for deducting the amount depends on           
          whether the interest is or is not effectively connected income,             
          and on whether the payee uses the accrual method, not on the                
          residence of the owners of the U.S. corporation.  See also sec.             
          1.267(a)-3(c)(4), Income Tax Regs. (amounts owed to controlled              
          foreign corporation and similar enterprises are deductible on the           
          accrual method if the enterprise uses the accrual method).  In              
          sum, there is nothing in the regulation in issue that subjects              
          petitioner to other or more burdensome taxation.  Thus, there is            
          no violation of Article 24(3).                                              
          Conclusion                                                                  
               We conclude that section 1.267(a)-3, Income Tax Regs., is a            
          valid exercise of the regulatory authority granted in section               
          267(a)(3) and does not violate Article 24(3) of the 1967 Treaty.            
          To the extent any other arguments of the parties are not                    
          addressed, they are moot, irrelevant, or meritless.                         
               To reflect the foregoing,                                              








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