- 12 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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