Key legal question
Whether the IRS request disclosed a sufficiently substantiated suspicion of tax fraud under Art. 26 DBA-USA.
Extracted holding
Yes. The described donation-loan-insurance structures constituted deceptive machinations and thus a sufficient suspicion of tax fraud.
Extracted reasoning
Swiss authorities rely on the request's factual account unless it contains obvious errors or contradictions. The transactions had no plausible economic purpose other than deceiving the US tax authorities.