Anthony Teong-Chan Gaw as Transferee of Radcliffe Investment LTD. - Page 200

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            from a related person, as defined in section 864(d)(4).69  Sec.                                
            881(c)(3)(C).                                                                                  
                  In connection with the 10-percent foreign shareholder rule,                              
            the conference report for the Deficit Reduction Act of 1984                                    
            stated:                                                                                        
                  taxpayers may attempt to circumvent the foreign share-                                   
                  holder * * * rule * * * by entering into "back to back"                                  
                  loans, wherein a foreign affiliate of a U.S. taxpayer *                                  
                  * * lends money to an unrelated foreign party that                                       
                  relends that money at discount to the U.S. taxpay-                                       
                  er.[70]  The conferees intend that the Internal Revenue                                  
                  Service, when appropriate, use means at its disposal to                                  
                  determine whether back to back loans exist.  [H. Conf.                                   
                  Rept. 98-861 at 937-938, 1984-3 C.B. (Vol. 2) 191-192.]                                  
                  In connection with the enactment of the exemption from U.S.                              
            taxation for portfolio interest, Congress provided that interest                               
            paid on a "United States affiliate obligation" to an "applicable                               
            CFC" in existence on or before June 22, 1984, is to be treated as                              
            paid to a resident of such CFC's country of incorporation.  See                                
            Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 127(g)(3), 98                              
            Stat. 652-653; see also H. Conf. Rept. 98-861 at 938, 1984-3 C.B.                              
            (Vol. 2) 192.  A "United States affiliate obligation" is an                                    
            obligation issued before June 22, 1984, by a U.S. person related                               
            to an applicable CFC within the meaning of section 482.  Deficit                               

            69  Sec. 881(c)(4) prescribes certain rules in the case of port-                               
            folio interest received by a CFC.                                                              
            70  We note that the U.S. Court of Appeals for the Ninth Circuit                               
            has described a "back-to-back loan" as "a bank loan * * * col-                                 
            lateralized with a cash deposit from a third party."  Erhard v.                                
            Commissioner, 46 F.3d 1470, 1473 n.2 (9th Cir. 1995), affg. T.C.                               
            Memo. 1992-376 and T.C. Memo. 1991-290.                                                        




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