Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 23

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            Horbury transaction, respondent argues that petitioner has not                                 
            satisfied his burden of proving, inter alia, that, in substance,                               
            Horbury, and not Pioneer, was the lender with respect to that                                  
            transaction or that the interest paid in 1984 by BOT to Horbury,                               
            which was incorporated in the Netherlands, otherwise was exempt                                
            from tax under the U.S.-Netherlands treaty.  Although                                          
            respondentdoes not expressly argue that petitioner has failed to                               
            establish a nontax, business purpose for the form of the Horbury                               
            transaction, she does cite Aiken Indus. Inc. v. Commissioner, 56                               
            T.C. 925 (1971), where we found that only a tax avoidance purpose                              
            existed for the form of the transaction there involved.  We thus                               
            understand respondent to be arguing that petitioner has not                                    
            established a nontax, business purpose for the form of the Hor-                                
            bury transaction.                                                                              
                         2.    Petitioner's Position                                                       
                  Petitioner argues that the interest at issue in the Horbury                              
            transaction is exempt from U.S. taxation and withholding under                                 
            the U.S.-Netherlands treaty.  In this connection, he contends                                  
            that, based on, inter alia, allegations in his testimony concern-                              
            ing that transaction, the Court should create a presumption,                                   
            which respondent should be required to rebut, that that interest                               
            is exempt from U.S. taxation.                                                                  









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