- 140 - to make payments on the partners' 12-percent notes to Machise. Each year, BBPA treated some part of the partners' note payments to Machise as the partners' payment of interest. Frank and Lucille Pettisani accordingly claimed Schedule E interest expense deductions of $20,000, $18,921, $17,733, $16,427 and $21,697 on Frank Pettisani's investment in MIT 82 for the years 1983 through 1987, respectively. Respondent has disallowed these deductions as lacking economic substance. We agree; respondent is correct. The congeries of factors that show the employee leasing transactions to be without economic substance similarly dispose of the interest deductions at issue. The alleged payments of interest were only a part of a prearranged plan devised by Fred. There was no independent third-party lender to whom the interest was owed. Fred's plan instead provided that Machise would be both the lender and the debtor in the same transaction. Thus, when Machise made payments on its debts to the partnerships, those payments circled back to it as the partners' payments, including interest, on their debts to Machise. There were no cash payments. Such repayments as were made took the form only of notes or bookkeeping entries. The Pettisanis' alleged payments of interest were thus only part of the paper circle of obligations. That circle gave the illusion of interest payments but lacked economic effect. There was no possibility that the Pettisanis' notes would enter into the world of commercial reality. Commercial realityPage: Previous 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 Next
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