- 197 - because it qualifies for the grandfathering provided by Rev. Rul. 85-163, 1985-2 C.B. 349. With respect to the Bank transactions, petitioner also alleges on brief that accountants prepared Radcliffe's 1985 and 1986 income tax returns and BOT's 1986 income tax return and that those corporations relied on those advisers in that regard. With respect to the Horbury transac- tion, petitioner also claims that his father relied on counsel in organizing Horbury. Respondent argues that petitioner has failed to establish that the additions to tax and penalties determined against Radcliffe and BOT should be rejected. She contends that the payment of interest to the respective U.S. banks in question involved in the Bank transactions was arranged for the purpose of evading the tax on interest paid to foreign persons that is required to be withheld by the payor. Respondent also asserts that petitioner was personally involved in, and acted on behalf of Radcliffe and BOT, respectively, in arranging and carrying out the Bank transactions at issue and that his knowledge of the law with respect to the withholding tax on the payment of interest to foreign corporations, including the provision exempting from withholding tax interest paid by a U.S. bank to such corpora- tions, must be imputed to Radcliffe and BOT. With respect to the Bank transactions, at the time Rev. Rul. 87-89, supra, was issued, application of the substance over formPage: Previous 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 Next
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