- 41 -41 interest in November, rather than March, of 1991). In addition, by engaging in swap transactions, ABN restricted its ability to earn "a rate of return in excess of the rate available on direct investments in the securities which the Partnership plans to purchase". Mr. den Baas testified that ABN did not want to gamble on interest rates and that its swaps were designed to prevent ABN from sharing in profits or losses from the LIBOR notes--the ASA asset with the most profit potential. We must look to the substance of the transactions rather than the form. Hambuechen v. Commissioner, supra at 98; see Gregory v. Helvering, 293 U.S. 465 (1935). When the formalities are stripped away, ABN is in substance a lender. Accordingly, we hold that Barber and Dominguito were not partners in ASA and that the appropriate amount of gain relating to the sale of the PPNs and loss relating to the sale of the LIBOR notes shall be allocated between AlliedSignal and ASIC. All contentions that have not been addressed are either irrelevant, moot, or meritless. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41
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