- 129 - 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 toPage: Previous 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Next
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