Medieval Attractions N.V - Page 28

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          sum amount created such a hardship to petitioners' expansion                
          plans.  It appears more likely that it was just another avenue              
          for the Spanish investors to receive corporate distributions.               
               Petitioners also argue that there was economic substance to            
          the transactions because Manver gave up the right to substantial            
          pay-as-you-go royalties for several years and instead received              
          cash and promissory notes.  Petitioners point out that Manver               
          agreed to accept a lesser sum in exchange for receiving the                 
          payments up front.  The difference in the amounts was determined            
          by petitioners at the time of the transactions and represented              
          the discount on the total payments, if made over time, to their             
          present value.  The purpose of discounting money to its present             
          value is to equalize the current value with the future value.               
          Petitioners imply that there was a disadvantage to the up-front             
          payment because it partially consisted of promissory notes.  The            
          Spanish investors, however, owed the notes to the Spanish                   
          investors and therefore controlled the risk of loss.  Any                   
          disadvantage to Manver is illusory.                                         
               The circular transfer of money through related parties to              
          create the illusion of payment is an indication of sham                     
          transactions.  Karme v. Commissioner, 73 T.C. at 1186-1187.  In             
          the instant cases, enormous circular money movements between                
          entities controlled by the Spanish investors occurred                       
          approximately every 183 days so that the interest on the payments           
          would qualify for the exemption on withholding tax.  In Monahan             




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