- 13 - taxpayer was taxable upon interest income generated by participation in FTI A/C transactions. There we concluded that the transactions giving rise to the indebtedness possessed economic substance and were separable from those aspects of the program that lacked economic substance. We cited Lieber and Jacobson v. Commissioner, supra, as well as the other pertinent authorities, in holding that the evidence of record, as developed in Alessandra, demonstrated that "Each of the transactions * * * had distinct economic utility other than any anticipated tax benefits". Allesandra v. Commissioner, supra. We distinguished the situation in Seykota II, where "the disallowed interest deductions were the tax benefit to be obtained". Id. An appeal in these cases would be to the Court of Appeals for the Second Circuit. The Court of Appeals for the Second Circuit explained, in Jacobson, that the deductibility of interest in sham situations is limited to "economically substantive indebtedness." Jacobson v. Commissioner, 915 F.2d at 840. Neither Jacobson nor Lieber (which relied on Jacobson) suggests that interest is deductible where-- 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 obligations itself. * * * [United States v. Wexler, supra at 125-126.] The Second Circuit's earlier opinion in Goldstein stated: We here decide that Section 163(a) does not "intend" that taxpayers should be permitted deductions for interest paid on debts that were entered into solely inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011