- 107 - and explained: This argument is meritless because both corporations were controlled by * * * [a promoter] * * *; while in theory such interference might have occurred, it was realistically impossible. Therefore, we conclude that the transactions that resulted in the circular flow of the $900,000 proceeds of the bank loans were shams entered into solely to create the illusion of research and experimental expenditures, while in substance insuring that no part of such funds would be so used. [Id. at 1346.] In Karme v. Commissioner, 73 T.C. 1163 (1980), affd. 673 F.2d 1062 (9th Cir. 1982), the taxpayer, in an effort to reduce his taxes, purportedly borrowed money to purchase stock in a corporation. The purchase would take place "if and when" a public offering of that corporation's stock occurred. The resulting transactions, designed by Harry Margolis, all occurred on December 16 and 17, 1969. They began with the taxpayer's borrowing $600,000 from the Union Bank in California. That bank then wired that amount to the account of a company named World Minerals at Banco Popular in the Netherlands West Antilles. The $600,000 then moved to another account, held by an entity named Alms, at the Banco Popular. Alms then "loaned" that amount to the taxpayer by transferring it to the taxpayer's Union Bank account. On December 17, 1969, Union Bank used the amount to repay the taxpayer's loan. The taxpayer wrote a check to Alms for $60,000 as interest, but only after receiving a $50,000 loan from another Margolis entity named Anglo-Dutch Capital. (The $10,000 difference was later credited to the taxpayer for his usePage: Previous 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 Next
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