- 8 - Treasury bill (or T-Bill) by selling the T-Bill to another party with an agreement to repurchase the T-Bill, for the original selling price plus interest, on or before the T-Bill's maturity date. We observed that the transactions were designed so that the interest that the taxpayer paid in repurchasing the T-Bill was greater than the interest actually paid by the T-Bill during the period the repo was in effect. We found that the repo transactions were without substance beyond the anticipated tax consequences of generating interest deductions. Citing Goldstein, we explained that "loans or other financing transactions will merit respect and give rise to deductible interest only if there is some tax-independent purpose for the transactions." Sheldon v. Commissioner, supra at 759.3 These cases present the issue of the deductibility of interest in FTI A/C transactions. In these transactions, the investors borrowed money which was used to buy gold. Their investments were "hedged" by alleged trades in options for U.S. Treasury obligations. The transactions generated interest and other deductions. The investors recovered their investment in 3 In Sheldon v. Commissioner, 94 T.C. 738, 767 (1990), we noted that some of the transactions at issue presented "a small potential for gain". We nonetheless found Goldstein v. Commissioner, 364 F.2d 734 (2d Cir. 1966), affg. 44 T.C. 284 (1965), dispositive, stating: "The principle of that case would not * * * permit deductions merely because a taxpayer had or experienced some de minimis gain." Sheldon v. Commissioner, supra at 767; see Lifschultz v. Commissioner, 393 F.2d 232 (2d Cir. 1968), affg. T.C. Memo. 1966-225.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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