- 119 - for the Spanish investors to receive corporate distributions tax free. We examined similar facts in Erhard v. Commissioner, T.C. Memo. 1991-290, modified by T.C. Memo. 1992-376, supplemented by T.C. Memo. 1993-25, affd. 46 F.3d 1470 (9th Cir. 1995), where we concluded: Moreover, the record clearly shows that the money movement technique made possible a group of transactions with a total value far in excess of the actual cash involved. The circular money movements here involved generally began and ended with system entities, with no change in the economic position of the system viewed as a whole. Quite often, the money movements occurred in a single day. The stream of money flowing through the intermediate entities, supported by mere bookkeeping entries or by the devices of back to back loans, was without economic substance. See Karme v. Commissioner, supra. We found that the circular money movement amounted to a sham in substance and underscored a complete lack of economic substance to support an interest expense deduction. Erhard v. Commissioner, supra. Petitioners attempt to distinguish the instant cases from the other circular money movement cases. They argue that, in the instant cases, there is real value underlying the lump-sum royalty payments. Petitioners contend that the real value consisted of the right to use the payee's valuable intangibles for an extended period. As we concluded earlier, Manver did not own or transfer the intangibles, and, therefore, petitioners could have used the intangibles without paying Manver.Page: Previous 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 Next
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