- 151 - should it be charged with the corresponding interest income or other income reported, but not actually received as a result of the sham transactions with the partnerships. This again is a matter for administrative adjustment by the parties. C. No Need To Address Other Issues As noted above, the Court of Appeals for the Third Circuit has recently stated that "economic substance is a prerequisite to any Code provisions allowing deductions." United States v. Wexler, 31 F.3d at 124 (citing Lerman v. Commissioner, supra). Here, the parties have raised other issues, some of them highly technical. In view of the pervasive lack of economic substance in the transactions before us, we need not and do not address them. To reflect the foregoing, An appropriate order will be issued.Page: Previous 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151
Last modified: May 25, 2011