- 141 - might have intruded if Machise encountered financial difficulty, and its creditors undertook to collect those notes. Fred precluded collection of the notes by executing "termination agreements" on behalf of both the alleged debtors and lenders in the employee leasing agreements. He did so in order to "get rid of the risk" that the notes would ever be paid. The Pettisanis' claimed interest payments are based upon a debt transaction that was not conducted at arm's length by two economically self-interested parties. Moreover, that debt is based upon "peculiar circumstances"--in particular offsetting transactions and the MIT 82 termination agreement--indicating that it would not be paid. For tax purposes, we therefore disregard that debt and the interest it allegedly generated. Respondent properly disallowed the interest deductions claimed by the Pettisanis. III. Intercoastal Is Not Entitled To Deduct From Its Income the Accrued Interest, Management Fees, or Override Payments to the Leasing Partnerships The final substantive question is whether Intercoastal, through its subsidiary Machise, was entitled to deduct amounts generated by its dealings with the partnerships. Once again, the factors that show the employee leasing transactions to be shams also apply to the Intercoastal/Machise deductions. It is obvious that Machise was induced to participate in the employee leasing program by the promise of substantial tax benefits. In exchange for running its business normally, itPage: Previous 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 Next
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