- 36 - 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.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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