Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 86

                                                 - 169 -                                                   
            reason respondent espouses for her position is that those cor-                                 
            porations "were the ultimate source of the loans to * * *                                      
            Radcliffe."123                                                                                 
                  Proceeding from and constrained by respondent's concession                               
            that a loan, in fact, was made to Radcliffe in the UB $1,300,000                               
            loan transaction, we limit our inquiry to a determination of the                               
            identity of the lender.124  The record establishes that, in form,                              
            Union Bank funded the UB $1,300,000 loan to Radcliffe and that,                                
            at the direction of petitioner and Ms. Gaw on behalf of                                        
            Radcliffe, the proceeds of that loan were used to purchase ini-                                
            tially the Pioneer $1,300,000 CD and thereafter the Mandalay                                   
            $1,300,000 CD that secured that loan.  Thus, neither Pioneer nor                               
            Mandalay funded the certificates of deposit that were pledged to                               
            secure the UB $1,300,000 loan.  Consequently, neither of those                                 
            foreign corporations could have been, in the words of respondent,                              
            "the ultimate source" of the UB $1,300,000 loan to Radcliffe.                                  
                  Based upon our examination of the entire record in these                                 
            cases, and bearing in mind respondent's concession that a loan                                 
            was, in fact, made to Radcliffe in the UB $1,300,000 transaction,                              
            we reject respondent's determination that the interest that                                    
            Radcliffe paid on that loan was subject to withholding tax.                                    


            123  As noted above, respondent advances the same rationale for                                
            her position regarding all the loan transactions at issue.                                     
            124  We shall not explore, for example, under substance over form                              
            and related principles whether a loan, in fact, was made to                                    
            Radcliffe.                                                                                     



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