- 129 - had nontax, business purposes for the form of those transactions, viz., they desired to (1) earn interest on their deposits and (2) assist Radcliffe and BOT. With respect to petitioner's first contention (viz., the foreign corporations pledging collateral desired to earn interest on their deposits), the accomplishment of that alleged objective was in no way dependent upon the completion of the other steps of the Bank transactions (i.e., the funding by the U.S. banks in question of the loans to Radcliffe and to BOT and the granting by the foreign corporations pledging collateral to those banks of security interests in those deposits). Therefore, the alleged objective of the foreign corporations pledging collateral of earning interest on their deposits does not provide a nontax, business purpose for the other steps of the Bank transactions. 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 the foreign corporations pledging collateral desired to earn interest on their deposits. With respect to petitioner's second contention (viz., the foreign corporations pledging collateral wished to assist Radcliffe and BOT), such a desire, if true, does not by itself provide a nontax, business purpose for the form of any of the Bank transactions. For instance, had those corporations desired to assist Radcliffe and BOT, with the exception of Pioneer and its subsidiaries Multi-Credit and Mandalay, nothing in the recordPage: Previous 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Next
Last modified: May 25, 2011