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