Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 30

                                                 - 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).                                                            



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