Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 19

                                                 - 108 -                                                   
            the Bank transactions in which each was involved cannot be disre-                              
            garded.                                                                                        
                  Although not altogether clear, petitioner appears to argue                               
            further that the form of each of the Bank transactions should be                               
            respected because it satisfies the test of Frank Lyon Co. v.                                   
            United States, 435 U.S. 561, 583-584 (1978).  According to peti-                               
            tioner, each such transaction was "a genuine multiple-party                                    
            transaction with economic substance which * * * [was] compelled                                
            or encouraged by business or regulatory realities, and * * *                                   
            [was] not shaped solely by tax-avoidance features that have                                    
            meaningless labels attached".75                                                                
                  Relying on Newman v. Commissioner, 902 F.2d 159, 163-164 (2d                             
            Cir. 1990), vacating and remanding T.C. Memo. 1988-547, peti-                                  
            tioner contends that, in order for the form of a transaction to                                
            be respected, only one person involved in the transaction--a                                   
            person who need not be the taxpayer--must have a nontax, business                              
            purpose for that form.  Petitioner asserts that each party to the                              
            Bank transactions had a nontax, business purpose for the form of                               
            those transactions.                                                                            
                  To counter respondent's argument that the Bank transactions                              
            attempted to enable Radcliffe and BOT to shelter their respective                              
            income from tax for the years at issue by generating interest                                  

            75  We note that petitioner, intentionally or inadvertently,                                   
            omitted the additional requirement imposed by the Supreme Court                                
            that the multiple-party transaction be "imbued with tax-indepen-                               
            dent considerations".  Frank Lyon Co. v. United States, 435 U.S.                               
            561, 583-584 (1978).                                                                           



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