- 10 - we applied in Seykota II controls here and that the interest deductions are not allowable. Petitioners, however, argue that our holding in Seykota II has been vitiated by our subsequent opinion in Lieber v. Commissioner, T.C. Memo. 1993-424. In Lieber, the Commissioner disallowed deductions relating to a computer leasing tax shelter. The Court held that the majority of the deductions at issue were not allowable. The Court, however, permitted the taxpayers to deduct interest paid upon indebtedness they incurred in order to invest in the computer leasing transaction. In so holding, the Court quoted, as dispositive precedent, the following language from Jacobson v. Commissioner, 915 F.2d 832, 840 (2d Cir. 1990), revg. on other grounds T.C. Memo. 1988-341: Even if the motive for a transaction is to avoid taxes, interest incurred therein may still be deductible if it relates to economically substantive indebtedness. Rice's Toyota World, Inc. v. Commissioner, 752 F.2d 89, 96 (4th Cir. 1985). * * * Both Lieber and Jacobson explicitly adopt the holding in Rice's Toyota World, Inc. v. Commissioner, 752 F.2d 89, 96 (4th Cir. 1985), affg. in part and revg. in part 81 T.C. 184 (1983). Rice's Toyota World, Inc., addressed the case of a taxpayer who borrowed money to invest in a tax shelter. Part of the indebtedness was secured by a short-term recourse note. The Court of Appeals for the Fourth Circuit affirmed our disallowance of most of the deductions at issue. With respect to the taxpayer's loan transaction, however, the Court of Appeals foundPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011