- 11 - that the debt secured by the short-term recourse note was valid and that the taxpayer could deduct interest paid on that note to the lender. We adopted the reasoning of Rice's Toyota World, Inc. in Rose v. Commissioner, 88 T.C. 386, 423 (1987), affd. 868 F.2d 851 (6th Cir. 1989). Accordingly, our opinions in Lieber and Jacobson conclude that, in situations such as that presented in Rice's Toyota World, Inc., the interest is deductible. The situation in the Rice's Toyota World, Inc. line of cases, which allows interest deductions, is, however, distinguishable from the situation in the Goldstein v. Commissioner, 364 F.2d 734 (2d Cir. 1966), line of cases, wherein the courts have disallowed the claimed interest deductions. The Court of Appeals for the Third Circuit has provided a detailed discussion of that distinction in United States v. Wexler, 31 F.3d 117, 125-127 (3d Cir. 1994). There the Court of Appeals had before it a repo transaction, virtually identical to that addressed in Sheldon v. Commissioner, 94 T.C. 738 (1989), and similar in concept to the situations in Goldstein, Julien v. Commissioner, 82 T.C. 492 (1984), and Seykota. Addressing first the transaction that yielded deductible interest in Rice's Toyota World, Inc., the Court of Appeals for the Third Circuit explained: [The] transaction was unusual because the interest payments on the recourse note were separable from the interest payments and depreciation that would havePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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