Dwight E. and Leslie E. Lee - Page 10

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           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 found                           




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