Barry B. Bealor and Nancy L. Bealor, et al. - Page 55

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          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 reality             




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