InterTAN, Inc. - Page 36

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          return.                                                                     
               In addition to failing to establish that petitioner made               
          Price Waterhouse aware of the provisions of the guarantee and               
          assignment agreement that would apply if the disputed transaction           
          were effected, on the record before us, we find that petitioner             
          has failed to establish that it made Price Waterhouse aware at              
          the time Price Waterhouse was advising petitioner about the                 
          disputed transaction or at the time Price Waterhouse was prepar-            
          ing petitioner’s 1993 return that steps 4 and 5 (i.e., peti-                
          tioner’s relending $20 million to ITC and ITC’s using that $20              
          million to repay the $20 million that it borrowed from Royal Bank           
          on June 30, 1993) were to, and did, take place on the next                  
          Canadian bank business day (i.e., July 2, 1993)21 after June 30,            
          1993, the date on which steps 1, 2, and 3 were effected (i.e.,              
          ITC’s purportedly borrowing $20 million from Royal Bank to make a           
          payment to petitioner on an outstanding loan from petitioner to             
          ITC, the purported issuance of ITC’s preferred stock to peti-               
          tioner in exchange for that $20 million, and ITC’s purported                
          redemption of that preferred stock for that $20 million).                   
               Not only did petitioner not provide Price Waterhouse all the           
          necessary information regarding the disputed transaction, on the            
          record before us, we find that petitioner failed to follow the              
          advice that Price Waterhouse gave it based upon the information             

               21July 1, 1993, was a bank holiday in Canada.                          





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