- 139 - V. Analysis of the Transactions at Issue We note again that, in general, the record in these cases is poorly developed, inconclusive, and/or unreliable in many re- spects, including certain material respects.105 Despite the state of the record in these cases, we have been able to find, inter alia, that (1) the relationships among the persons involved in the transactions at issue (viz., the close and amicable business and family relationships between petitioner and Mme. Koo and, in the case of the Bank transactions, the desire of the banks in question to accommodate petitioner, Mme. Koo, Radcliffe and/or BOT, and the foreign corporations pledging collateral that were involved in those transactions and their susceptibility to influence by those persons) are factors we will take into ac- count in deciding whether to recharacterize those transactions; (2) petitioner failed to establish a nontax, business purpose for the form of any of the transactions at issue and acknowledges on brief a tax avoidance purpose for that form; (3) the record does not support application of the binding commitment test of the step transaction doctrine to any of the Bank transactions; and (4) the role of the banks in question in the Bank transactions 105 The record relating to the transactions involving BB Loan Nos. 2 and 3 is relatively complete. Although the record relat- ing to the transactions involving the UB $800,000 Radcliffe loan, the UB $1,300,000 loan, and the UB $1,830,000 loan are not poorly developed, there are a number of gaps in the evidence with respect to each of those transactions.Page: Previous 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 Next
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