- 93 - 1984, 1985, 1986, and 1987) to the partnerships, deductions for claimed losses attributable to payments of Machise's payroll costs. Respondent’s second set of determinations denies, for the years 1983, 1984, 1985, and 1986, deductions for the interest alleged by the Pettisani petitioners to have been paid on their 1982 note to Machise. Respondent’s third set of determinations denies Intercoastal, which filed consolidated returns with Machise, deductions for the years 1982 and 1983 for any amount of the "overrides" on its payroll costs, the "management fees", and the interest accrued on its alleged borrowings. We hold that petitioners are not entitled to the deductions at issue. Our holdings are based on the overall conclusion that the transactions giving rise to the claimed deductions had neither economic substance nor a profit objective. I. Neither the Partners Nor the Partnerships Are Entitled to Loss Deductions Based Upon Payment of Machise's Payroll Costs The initial question we must answer is whether the partners (for 1980 and 1982) and the partnerships (for 1983-87) may deduct, as partnership expenses, the payroll costs for the years in issue. A. The Requirement of Economic Substance "The incidence of taxation depends upon the substance of a transaction. * * * To permit the true nature of a transaction to be disguised by mere formalisms, which exist solely to alter tax liabilities, would seriously impair the effectivePage: Previous 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 Next
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