- 90 - 364 U.S. 361 (1960), for example, the Court applied the Gregory v. Helvering case to disallow an interest deduction. In so doing, the Court stated that "there was nothing of substance to be realized * * * from this transaction beyond a tax deduction." Knetsch v. United States, supra at 366. Similarly, in Frank Lyon Co. v. United States, 435 U.S. 561 (1978), the Court stated that economic substance is a necessary requirement of any transaction. In Frank Lyon, the Court looked to "the objective economic realities of a transaction rather than to the particular form the parties employed", id. at 573, and stated that the Government should honor the allocation of rights and duties effectuated by the parties "where, as here, there is a genuine multiple-party transaction with economic substance which is compelled or encouraged by business or regulatory realities, is imbued with tax-independent considerations, and is not shaped solely by tax-avoidance features that have meaningless labels attached", id. at 583-584. The Court of Appeals for the Second Circuit applied an economic substance analysis in Goldstein v. Commissioner, 364 F.2d 734 (2d Cir. 1966), affg. 44 T.C. 284 (1965). In that case, Mrs. Goldstein won the Irish Sweepstakes. In an attempt to shelter her winnings from tax, she borrowed from two banks and invested the loan proceeds in Treasury notes. The loans required her to pay interest at 4 percent, while some Treasury notesPage: Previous 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Next
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