- 7 - the claimed interest deductions at issue because the taxpayer had failed to prove that the transactions giving rise to such deductions had actually taken place. In one instance, however, we accepted the taxpayer's representation that he had purchased silver worth $1,033,280 on October 31, 1975, and simultaneously agreed to sell the same amount of silver at a price of $1,058,776 on January 6, 1976. There was thus an indicated gain of $25,496. The taxpayer borrowed the purchase price from an affiliate of the promoter. The taxpayer paid $24,996.81 as interest on that amount on December 19, 1975. He paid commissions of another $662. The terms of his loan agreement effectively precluded him from further disposition of either the silver he had purchased or his contract to sell that silver. There was thus no way for the taxpayer to profit from that transaction; his indicated gain of $25,496 was more than offset by his interest and commission expenses. We disallowed the deduction of the interest expense for 1975. Quoting Goldstein v. Commissioner, supra at 742, we stated: "Section 163(a) does not 'intend' that taxpayers should be permitted deductions for interest paid on debts that were entered into solely in order to obtain a deduction." Julien v. Commissioner, supra at 509. We applied the same principle in Sheldon v. Commissioner, 94 T.C. 738, 760-762 (1990). There the issue was whether certain repurchase agreements, called "repos", generated interest deductions. A repo is an agreement to finance the purchase of aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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