Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 117

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            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 form                               






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