Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 41

                                                 - 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

Last modified: May 25, 2011