- 24 - 1366(c)(1)(B). We reached a similar conclusion in Yates v. Commissioner, T.C. Memo. 2001-280. 3. The Wire Transfer Payments In the case of the wire transfer payments, the issue is whether the payments were (1) in substance, as well as in form, back-to-back loans from Paulan to petitioners and from petitioners to Sidal or (2) direct loans from Paulan to Sidal, with petitioners serving as mere conduits for the transfer of funds. If we find the latter to be the case, we must apply the so-called step transaction doctrine and ignore, as without independent legal significance, the same-day wire transfers from Paulan to each petitioner and from each petitioner to Sidal. See Aiken Indus. Inc. v. Commissioner, 56 T.C. 925, 934 (1971) (doctrine applied to disregard an intermediate back-to-back loan designed to avoid the withholding of U.S. tax on interest payments to a foreign corporation). If we ignore petitioners’ participation in the transactions, as without legal significance, then, as in the case of the Paulan direct payments, the issue will be whether Paulan made funds available for the use of (and collected repayments of principal and interest from) Sidal as agent for or on behalf of petitioners.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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