Medieval Attractions N.V - Page 33

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          Petitioners have failed to persuade us that we should treat their           
          circular money movements as anything other than shams.                      
               Additionally, petitioners have failed to persuade us that              
          the transactions were entered into for reasons other than tax               
          avoidance.  Petitioners admit on brief that "had they been                  
          informed that the Netherlands Antilles treaty exemption for                 
          interest would not expire on January 1, 1988 * * * they would               
          have simply signed the notes to Manver, paid interest thereon               
          until the notes were paid off, and completely avoided the                   
          commercial paper headaches."  Santandreu testified that the                 
          reason the commercial paper was issued was "to have the                     
          advantages of not paying withholding on the interest."  Both of             
          these explanations support the conclusion that the transactions             
          were entered into solely for tax-avoidance purposes.                        
               Petitioners deducted the guarantee fees as an "ordinary and            
          necessary" business expense under section 162.  Petitioners rely            
          on A.A. & E.B. Jones Co. v. Commissioner, T.C. Memo. 1960-284,              
          and argue that, because the amount of the guarantee fees did not            
          exceed amounts that would have been charged to an unrelated                 
          party, the fees were reasonable for purposes of section 162(a).             
          In that case, surety companies would not issue bonds to cover               
          corporate contracts without the personal guarantees of the Jones            
          brothers.  While we looked at the reasonableness of the guarantee           
          fees, there was no issue as to whether the guarantee fees were              
          ordinary and necessary.                                                     




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