Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 18

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            (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 in                                 




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