Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 93

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            wholly owned Netherlands Antilles subsidiary of a domestic parent                              
            of a controlled group of corporations sold bonds to foreign                                    
            persons in public offerings outside the United States, (2) the                                 
            Netherlands Antilles subsidiary lent the proceeds of the bond                                  
            sale to a wholly owned domestic subsidiary of that parent, and                                 
            (3) the Netherlands Antilles subsidiary was a conduit for the                                  
            passage of interest payments by that domestic subsidiary to the                                
            foreign bondholders, those interest payments were not exempt from                              
            U.S. taxation under the U.S.-Netherlands treaty as extended to                                 
            the Netherlands Antilles.                                                                      
                  With respect to petitioner's contention that the interest at                             
            issue in the Horbury transaction is exempt from U.S. taxation                                  
            under article VIII(1) because the express provisions of that                                   
            article have been satisfied, it is respondent's position that                                  
            petitioner has not satisfied his burden of proving that that                                   
            interest is so exempt.  To support that position, respondent                                   
            relies on the substance over form doctrine and related princi-                                 
            ples, which this Court applied in Aiken Indus., Inc. v. Commis-                                
            sioner, 56 T.C. at 933-934.  Although respondent concedes that a                               
            loan, in fact, was made to BOT in the Horbury transaction, she                                 
            contends that, in substance, Pioneer, rather than Horbury, was                                 
            the lender and the interest paid by BOT was paid to Pioneer, and                               
            not to Horbury.                                                                                
                  With respect to petitioner's contention that the interest at                             
            issue in the Horbury transaction is exempt from U.S. taxation                                  




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