Paul Garfinkle - Page 12

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          investors were not used to pay for mining activity but were                 
          instead paid to promoters, including petitioner.                            
               The evidence establishes that the purpose of the S-J                   
          partnerships was to create tax losses for the partners through              
          improper deductions relating to alleged advanced royalty                    
          payments.                                                                   
               Based on the above established facts, we conclude that the             
          transactions entered into by the S-J partnerships lacked business           
          purpose and economic substance.  Petitioner is not entitled to              
          deduct the claimed losses of $9,269,756 relating to the S-J                 
          partnerships.                                                               
               Further, under section 1.612-3(b)(3), Income Tax Regs.,                
          advanced royalties allegedly paid in a year when no mineral is              
          sold are deductible as a general rule only if the leases were               
          entered into prior to October 29, 1976.  T.D. 7523, 1978-1 C.B.             
          192, 193.  Although the lease agreements in question were                   
          backdated to either October 25, 1976 or October 28, 1976, the S-J           
          partnerships did not actually own interests in the property prior           
          to November 1, 1976.  Respondent properly disallowed the claimed            
          advanced royalty payments and the related claimed losses of the             
          S-J partnerships.                                                           
               With regard to the various elements of the fraud addition to           
          tax, petitioner's failure to report taxable income of $1,968,364            
          and the disallowed losses of $9,269,756 from the S-J partnerships           





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