Barry B. Bealor and Nancy L. Bealor, et al. - Page 42

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          prevent the lawsuit brought by Ingemi's widow, who was suing                
          Bucci and his companies, from affecting the tax shelters.                   
               The pervasive formation and use of these "barrier" entities            
          in the employee leasing operations contributes to our conclusion            
          that these operations, as structured by Fred, reflected efforts             
          to avoid, rather than to embrace, economic reality.                         
               A realistic review of the employee leasing transactions                
          under the factors set forth above shows that the transactions               
          were shams, lacking economic substance, existing only on paper,             
          mostly in the form of book entries.  Respondent has properly                
          denied the losses that resulted from the partnerships' claimed              
          payments of compensation to Machise's employees and independent             
          contractors.                                                                
               B.   Lack of Profit Objective of the Employee Leasing                  
                    Partnerships                                                      
               The foregoing conclusion that the operations of the                    
          partnerships lacked economic substance is sufficient to justify             
          denial of the deductions claimed by the partnerships.  Gardner v.           
          Commissioner, 954 F.2d 836, 839 (2d Cir. 1992), affg. per curiam            
          Fox v. Commissioner, T.C. Memo. 1988-570.  Nevertheless, we look            
          at the lack of profit objective to provide further support for              
          our conclusion.                                                             
               The deductions that produced the claimed partnership losses            
          at issue arose from the expenses of meeting the payroll costs of            
          Machise.  Wages and salaries and other compensation paid to                 





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