Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 53

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            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.                                                         





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