John M. and Rita K. Monahan - Page 29

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          preclusion applies.  In addition, we believe that allowing                  
          petitioners to examine and contest the application of issue                 
          preclusion with respect to the sua sponte issues would be futile.           
          This Court's official file in Monahan I was admitted as evidence            
          for the purpose of deciding whether petitioners are precluded               
          from relitigating the Aldergrove issue, and posttrial briefs were           
          submitted by the parties to present their respective arguments.             
          The only difference between the Aldergrove issue and the sua                
          sponte issues is the date with respect to which this Court in               
          Monahan I examined petitioner's relationship with Aldergrove.               
          Under these circumstances, petitioners could add nothing to our             
          analysis of the sua sponte issues and, therefore, are not                   
          prejudiced by the absence of notice and an opportunity to                   
          respond.                                                                    
               In Monahan I, this Court, among other things, sustained                
          respondent's disallowance of certain interest deductions claimed            
          by petitioners for 1987 and 1988.  Petitioners reported those               
          deductions as mortgage interest payments on an alleged loan of              
          $150,000 from Hansa Finance made in 1986.  After concessions,               
          petitioners argued that they were entitled to deduct a portion of           
          the interest payments as personal interest under section 163(h),            
          and respondent argued that the loan and the interest payments               
          lacked economic substance.                                                  








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