Medieval Attractions N.V - Page 31

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          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.                      





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