Dwight E. and Leslie E. Lee - Page 15

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            itself; such a transaction is not economically substantive.  Both                         
            Rice's Toyota World, Inc. v. Commissioner, 752 F.2d 89 at 96, and                         
            Rose v. Commissioner, 88 T.C. at 423, specifically distinguish                            
            Goldstein from situations in which interest deductions were                               
            allowable.  See Muserlian v. Commissioner, 932 F.2d 109, 113 (2d                          
            Cir. 1991) (decided after Jacobson), affg. T.C. Memo. 1989-493;                           
            see also United States v. Wexler, 31 F.3d at 126 n.11.5                                   
                  In these cases, as in Seykota II, petitioners have not shown                        
            that interest payments in the FTI A/C transactions were separable                         
            from the interest payments and other deductions "that would have                          
            created the principal tax benefits of the transaction."  United                           
            States v. Wexler, supra at 125.  The latter type of sham                                  
            transactions are those presented in Wexler, Goldstein, Julien,                            
            Sheldon, and, as we held in Seykota II, in the FTI A/C                                    
            transactions.  In those cases the taxpayers paid no interest on                           
            economically substantive indebtedness that was separable from the                         
            sham transaction itself.  Accordingly, we sustain respondent's                            
            disallowance of the interest deductions at issue.6                                        

            5  In the Goldstein line of cases--Julien, Sheldon, Wexler,                               
            and, as we held in Seykota II, in the FTI A/C transactions--the                           
            taxpayers borrowed large sums of money and simultaneously entered                         
            into offsetting transactions.  These transactions lacked economic                         
            substance.  Instead, the effect was that of a taxpayer "actually                          
            borrowing his own money to create interest expense".  Muserlian                           
            v. Commissioner, 932 F.2d 109, 113 (2d Cir. 1991), affg. T.C.                             
            Memo. 1989-493.                                                                           
            6  Apparently, the deductions generated by the FTI A/C                                    
            transactions included not only the interest deductions at issue,                          
                                                                         (continued...)               




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