Dwight E. and Leslie E. Lee - Page 13

                                               - 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 in                             




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

Last modified: May 25, 2011