- 128 - (c) Foreign Corporations Pledging Collateral Petitioner acknowledges on brief that the persons involved in the Bank transactions structured those transactions as loans to Radcliffe and to BOT from the U.S. banks in question, rather than as direct loans from the foreign corporations pledging col- lateral, in order to avoid tax on the interest that would have been paid through withholding by Radcliffe and by BOT had those transactions been structured as direct loans.95 He contends, however, that the foreign corporations pledging collateral also 94(...continued) not provide a nontax, business purpose for the form of the transactions through which that borrowing was accomplished. Petitioner also suggests on brief that the loans at issue from the U.S. banks in question were obtained from those banks in order for petitioner, Radcliffe, and BOT to establish relation- ships with banks in the United States. He does not cite any evidence in the record showing that establishing relationships with banks in the United States was a nontax, business purpose for the form of any of the Bank transactions. Indeed, the record shows that petitioner sought to take advantage of his existing banking relationships, rather than establish new ones, in that he relied on his relationships with Bangkok Bank Ltd., of which Bangkok Bank LA branch was a branch, and Standard Chartered Bank PLC and certain of its affiliates including Standard Chartered Bank HK, affiliates of Union Bank, in obtaining the loans at issue from the U.S. banks in question. 95 In fact, petitioner testified that Mme. Koo did not want any assistance she gave him to cost her anything. We take this to mean, inter alia, that Mme. Koo did not want to incur any tax liability with respect to any assistance that she and/or corpora- tions petitioner alleges she owned provided to petitioner and/or corporations he controlled. In this regard, we note that peti- tioner was familiar with the U.S withholding tax requirements applicable to interest from a U.S. source that was paid to foreign corporations.Page: Previous 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 Next
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