Joyce Aston - Page 17

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                              (A) any bank (as defined in section                     
                         581),                                                        
                              (B) any institution described in                        
                         section 591,                                                 
                              (C) any credit union the deposits                       
                         or accounts in which are insured under                       
                         Federal or State law or are protected or                     
                         guaranteed under State law, or                               
                              (D) any      similar    institution                     
                         chartered and supervised under Federal or                    
                         State law.                                                   
                         (4) Deposit.--For purposes of this                           
                    subsection, the term "deposit" means any                          
                    deposit, withdrawable account, or withdrawable                    
                    or repurchasable share.                                           
          The parties agree that petitioner is a "qualified individual"               
          pursuant to section 165(l).  Cf. Fincher v. Commissioner, supra.            
          Petitioner bears the burden to prove that the remaining statutory           
          requirements are met.  Rule 142(a).                                         
               Preliminarily, we must determine the specific financial                
          institution where petitioner's funds were "on deposit".  We must            
          then determine whether that institution was "qualified" within the          
          meaning of section 165(l)(3).                                               
               Petitioner argues that she had an account at BCCI, S.A. in             
          Luxembourg or the Los Angeles agency office of BCCI, S.A.                   
          Respondent argues that petitioner's account was at the IOMB of              
          BCCI, S.A.  Because the following analysis determines that none of          








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