Dwight E. and Leslie E. Lee - Page 6

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            indebtedness".  The deductibility of interest, however, is                                
            subject to an important exception.  Interest is not deductible                            
            where the underlying indebtedness lacks economic substance beyond                         
            the taxpayer's desire to obtain an interest deduction.  Goldstein                         
            v. Commissioner, 364 F.2d 734, 741-742 (2d  Cir. 1966), affg. 44                          
            T.C. 284 (1965).                                                                          
                  In Goldstein, the taxpayer sought to reduce the income taxes                        
            that she would owe on sweepstakes winnings.  Accordingly, in                              
            prearranged transactions, she borrowed $945,000 from commercial                           
            banks at 4 percent interest and purchased $1,000,000 in Treasury                          
            notes paying 1-1/2 percent interest.  The Treasury notes secured                          
            her loans.  She then prepaid the interest on the bank loans and                           
            sought to deduct the amount of the interest as an offset against                          
            the sweepstakes income.  The net effect of these transactions was                         
            to produce an economic loss that was more than offset by tax                              
            savings from the deduction of the prepaid interest.  We sustained                         
            the Commissioner's disallowance of the deduction, and the Court                           
            of Appeals for the Second Circuit affirmed.  The Court of Appeals                         
            for the Second Circuit explained that section 163(a) "does not                            
            permit a deduction for interest paid or accrued in loan                                   
            arrangements * * * that cannot with reason be said to have                                
            purpose, substance, or utility apart from their anticipated tax                           
            consequences".  Goldstein v. Commissioner, 364 F.2d at 740.                               
                  We applied the reasoning of Goldstein in Julien v.                                  
            Commissioner, 82 T.C. 492 (1984).  In Julien, we denied most of                           




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