- 107 - (1943), and (2) were not controlled by Radcliffe, BOT, or the foreign corporations pledging collateral. However, respondent asserts that the involvement of those banks does not necessarily insulate the Bank transactions from being recharacterized for Federal tax purposes, especially where, according to respondent, those banks desired to accommodate, and were susceptible to influence by, petitioner, Radcliffe and/or BOT, and the foreign corporations pledging collateral. Respondent also contends that during the years at issue petitioner controlled the foreign corporations pledging collat- eral through his ownership of the stock, and/or his position as a director and/or an officer, of those corporations. (Hereinafter, that contention will be referred to as respondent's control contention.) Respondent further argues that the Bank transac- tions would still be subject to recharacterization even if the Court were not to accept respondent's control contention. 2. Petitioner's Position a. Petitioner's Principal Arguments It is petitioner's position that, in both form and sub- stance, each of the Bank transactions was a loan from the U.S. bank in question to Radcliffe or BOT. As we understand his position, petitioner contends that because the U.S. banks in question satisfied the tests of Moline Properties, Inc. v. Com- missioner, supra, during the years at issue and therefore were cognizable for Federal tax purposes, their respective roles inPage: Previous 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 Next
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