- 145 - deposit. This is because the record is inadequate. In this regard, while the record shows certain facts relating to that inquiry with respect to BB Loan No. 1 (viz., the interest rate and actual interest rate percentages that were in effect for the period during which that loan was outstanding and the dates on which interest was payable and paid on that loan), the record does not disclose those facts with respect to the Intercontinen- tal $450,000 deposit. Turning to whether the Intercontinental $450,000 deposit that secured BB Loan No. 1 was applied to repay that loan, peti- tioner admits on brief, and respondent does not dispute, that on June 30, 1986, the Intercontinental $450,000 deposit was applied to reduce the then outstanding $600,000 balance of BB Loan No. 1 to $150,000. Based upon our examination of the entire record in these cases, and bearing in mind the substantial gaps in the evidence with respect to the BB Loan No. 1 transaction, we find that petitioner has failed to carry his burden of showing that respon- dent erred in determining that Radcliffe was required to withhold tax on the interest that it, in form, paid to Bangkok Bank LA branch on $450,000 of Bangkok Bank Loan No. 1 for the period during which the Intercontinental $450,000 deposit served, in form, as security for that loan (viz., from on or about May 17,Page: Previous 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 Next
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