Dwight E. and Leslie E. Lee - Page 12

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                  created the principal benefits of the transaction.                                  
                  * * * [Wexler v. Commissioner, supra at 125.]                                       
            In contrast, in the repo situation--                                                      
                  [Taxpayer's] case differs in a critical respect.  There                             
                  is no debt obligation that can be separated from the                                
                  underlying * * * scheme or that was undertaken for some                             
                  reason other than the tax benefits of deducting                                     
                  interest on that obligation itself. * * * [Id. at 125-                              
                  126.]                                                                               
                  The Court of Appeals for the Third Circuit noted that in the                        
            repo situation, "the loan * * * is the very obligation that will                          
            generate the interest payments constituting the tax benefits of                           
            the entire transaction."  Id. at 126.  It accordingly rejected                            
            the taxpayer's argument that the debt was "an economically                                
            substantive 'genuine indebtedness'".  Id.                                                 
                  We have applied a distinction similar to that described by                          
            the Court of Appeals for the Third Circuit in Wexler to cases                             
            involving the FTI A/C program.  In Seykota II, we determined that                         
            the interest payments were not separable from the underlying                              
            scheme; instead, as we explained, the "interest payments merely                           
            functioned as the first part of a scheme for the mismatching of                           
            deductions and income".  We concluded that the FTI A/C                                    
            transactions "lacked economic substance or any purpose other than                         
            generating tax deductions".  We accordingly denied the interest                           
            deductions at issue.                                                                      
                  We returned to that issue in Alessandra v. Commissioner,                            
            T.C. Memo. 1995-238, an opinion issued after Lieber v.                                    
            Commissioner, supra.  In Alessandra, the issue was whether the                            




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