Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 38

                                                 - 125 -                                                   
            there is no evidence in the record, that the purpose of Radcliffe                              
            and of BOT for using cash as collateral for the Bangkok Bank LA                                
            branch and Union Bank loans at issue was to obtain lower interest                              
            rates on any of those loans.91                                                                 
            Based on our review of the entire record in these cases,                                       
            petitioner has failed to persuade us that the Bank transactions                                
            took the form they did because, by using cash as collateral for                                
            the loans at issue from the U.S. banks in question, Radcliffe and                              
            BOT were able to obtain lower interest rates on those loans than                               
            would have been charged had those loans been secured by second                                 
            deeds of trust on real estate.92                                                               


            90(...continued)                                                                               
            interest rate on any of those loans.  This is because, to the                                  
            extent the record shows such interest rates, they were the same.                               
            91  In fact, the record does not indicate that petitioner even                                 
            investigated whether to place additional encumbrances on the                                   
            respective real estate held by NMSC and by 300 Montgomery As-                                  
            sociates before arranging the pledges of cash deposits that, in                                
            form, collateralized the Bank loans.                                                           
            92  A further circumstance weighing against that purported pur-                                
            pose for the form of those transactions is Radcliffe's request                                 
            that Bangkok Bank LA branch raise the interest rate on BB Loan                                 
            No. 2.  After the Traveluck $1,625,000 CD was replaced by the                                  
            Double Wealth $1,625,000 CD as security for that loan in July                                  
            1985, Bangkok Bank LA branch issued to Double Wealth two succes-                               
            sive one-month certificates of deposit that matured in August and                              
            September 1985, respectively, and that bore interest at the rate                               
            of 7 percent, which was .5 percent below the 7.5 percent interest                              
            rate on BB Loan No. 2 during that time.  Records of Bangkok Bank                               
            LA branch indicate that, by telex dated Aug. 17, 1985, Bangkok                                 
            Bank HK branch informed Bangkok Bank LA branch that Radcliffe                                  
            preferred to have the interest rate on BB Loan No. 2 set at 8.25                               
            percent until that loan was due on June 11, 1986.  That cir-                                   
            cumstance indicates that Radcliffe did not seek to minimize the                                
                                                                            (continued...)                 




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