- 12 - 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 partnershipsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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