Barry B. Bealor and Nancy L. Bealor, et al. - Page 145

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          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 effective                       




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