- 6 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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