Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 42

                                                 - 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 record                              




Page:  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