Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 99

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            the substance over form doctrine that was first enunciated in                                  
            Gregory v. Helvering, 293 U.S. 465 (1935), when it concluded,                                  
            inter alia, that, where (1) funds denominated as a demand deposit                              
            were, in form, deposited into a publicly held bank by a foreign                                
            member of a controlled group of corporations, (2) a loan was                                   
            made, in form, by that bank to a domestic member of that group,                                
            (3) the loan would not have been made or maintained on the same                                
            terms without the deposit, and (4) the bank was publicly held and                              
            unrelated to the controlled group, such a transaction will be                                  
            treated as, in substance, a loan from the foreign member of the                                
            controlled group of corporations to the domestic member of that                                
            group.                                                                                         
                  Before turning to the parties' contentions regarding Rev.                                
            Rul. 87-89, supra, we note that we have not applied or relied                                  
            upon that ruling in making our findings or in reaching our hold-                               
            ings in these cases.137  We have applied and relied upon the                                   
            substance over form doctrine on which the Service purported to                                 
            rely in reaching its conclusion in Rev. Rul. 87-89, supra.                                     
                  In advancing his constitutional and abuse of discretion                                  
            claims, petitioner contends that this Court should create a                                    
            presumption under rule 301 of the Federal Rules of Evidence that                               
            respondent's determinations were the result of her unconstitu-                                 


            137  A revenue ruling merely represents the Commissioner's posi-                               
            tion with respect to a specific factual situation and does not                                 
            constitute substantive authority for deciding a case in this                                   
            Court.  Stark v. Commissioner, 86 T.C. 243, 250-251 (1986).                                    




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