- 118 - We need not decide whether the proposition for which peti- tioner cites the U.S. Court of Appeals for the Second Circuit in Newman is a correct interpretation by that court of applicable Federal tax law.84 This is because, even assuming arguendo that that court's interpretation were correct, petitioner has not established that any of the persons involved in any of the Bank transactions had a nontax, business purpose for the form in which those transactions were cast. (a) Bangkok Bank LA Branch and Union Bank Petitioner contends that the U.S. banks in question pre- ferred the form in which the transactions involving them were cast because (1) their participation afforded them an opportunity to earn a profit and (2) they preferred cash deposits as col- lateral for loans over tangible property located outside the United States since it would have been difficult for them to protect their security interest in and foreclose against such property. With respect to petitioner's first contention (viz., the U.S. banks in question participated in the transactions involving them because they afforded them an opportunity to make a profit), petitioner adduced no proof that the rates of interest payable on 84 We note that the instant cases are appealable, absent a stipulation by the parties to the contrary, to the U.S. Court of Appeals for the District of Columbia Circuit, and not to the Court of Appeals for the Second Circuit that decided Newman v. Commissioner, 902 F.2d 159 (2d Cir. 1990), vacating and remanding T.C. Memo. 1988-547. Sec. 7482(b).Page: Previous 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 Next
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