- 112 - IV. Resolution of Certain Questions That Relate to All or Some of the Transactions at Issue Having set forth the positions of the parties with respect to the various matters they believe are important to resolving the issues presented in these cases, we first decide (A) certain questions they raise that relate to all the transactions at issue (namely, (1) whether the relationships among the persons involved in each of those transactions are such that they are factors we will take into account in deciding whether any of those transac- tions should be recharacterized and (2)(a) whether the form of each of those transactions had a nontax, business purpose and (b) whether the interest deductions claimed by Radcliffe and BOT indicate an intention to minimize tax with respect to any of those transactions) and (B) certain questions they raise that relate only to the Bank transactions (namely, (1) whether the binding commitment test of the step transaction doctrine applies to any of the Bank transactions and (2) whether the role of the banks in question in any of the transactions in which each of those banks was involved may be ignored or recharacterized even though the parties agree on brief that those banks were engaged in commercial banking and that they were not controlled by Radcliffe, BOT, or the foreign corporations pledging collateral). After deciding those questions, we analyze the transactions at issue to determine whether the form of each of those transactionsPage: Previous 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Next
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