Linda S. Dillon - Page 12

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          economic substance, or lacks a profit motive.  Douglas v. Commis-           
          sioner, 86 T.C. at 762; Michaels v. Commissioner, T.C. Memo.                
          1995-294.                                                                   
               We may consider the terms of a stipulated settlement in                
          determining whether partnership losses are grossly erroneous.               
          However, we do not draw an inference that the partnership losses            
          are grossly erroneous where the stipulation is silent as to                 
          whether the partnership transaction was a sham.  Michaels v.                
          Commissioner, supra.                                                        
               Petitioner asserts that Thomas Dillon invested in Supertaps            
          merely to obtain tax losses and not to obtain a positive return             
          on the investment.  Therefore, petitioner concludes that the loss           
          deductions from Supertaps do not qualify as deductible expenses             
          under well-settled legal principles, and there is no basis in law           
          for the allowance of the loss deductions.                                   
               Sham transactions are not given effect for Federal income              
          tax purposes, Frank Lyon Co. v. United States, 435 U.S. 561, 573            
          (1978), and the resulting deductions are phony and without basis            
          in fact or law.  In this regard, petitioner has the burden of               
          producing evidence concerning the sham nature of the underlying             
          transaction and the lack of profit motive on the part of the                
          entity and its principals.  Here, petitioner must establish that,           
          at the partnership level, Supertaps was a sham transaction with-            
          out a profit motive.  Hulter v. Commissioner, 91 T.C. 371, 393              





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