- 135 - Radcliffe or BOT from one or more of the foreign corporations pledging collateral so that the interest on each such loan was, in substance, paid to one or more of those corporations, we would conclude that the failure of Radcliffe and BOT to withhold tax on such interest resulted in the avoidance of such withholding, regardless whether the interest deductions generated by those transactions reduced the respective Federal income tax of Radcliffe and BOT. (2) Horbury Transaction While respondent does not expressly argue that the deduction claimed by BOT in its 1984 income tax return for interest paid to Horbury indicates a tax avoidance purpose with respect to the form of the Horbury transaction, petitioner includes that deduc- tion in his argument that BOT received little benefit from the interest deductions generated by the transactions at issue. Consequently, we address whether BOT's claim to a deduction for 1984 with respect to the Horbury transaction indicates a tax avoidance purpose by BOT for the form of that transaction. For the reasons discussed above with respect to the Bank transactions, we find that the deduction claimed by BOT in its 1984 income tax return with respect to the interest it paid to Horbury does not necessarily indicate a tax avoidance purpose for the form of that transaction.100 100 Moreover, if we were to sustain respondent's theory that the (continued...)Page: Previous 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 Next
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