- 16 - employees. Neither of those reasons is inconsistent with what we find to be the dominant objective in incurring the 1987 indebtedness, to make a cash distribution to HEI in order to allow HEI to purchase tax-exempt obligations and domestic shares. See generally Leslie v. Commissioner, 413 F.2d 636 (2d Cir. 1969) (business reasons not related to the purchase of tax-exempt securities must dominate the incurring of indebtedness to insulate the borrowing from application of section 265(a)(2)), revg. 50 T.C. 11 (1968). Petitioner argues that there is no evidence that HEI or Waldorf II contemplated investing in tax-exempt obligations or domestic shares at the time Waldorf II incurred the 1987 indebtedness and that, at the time, it made no economic sense to borrow in order to make such investments. We cannot look into a taxpayer's mind to determine the purpose of incurring indebtedness; we must infer that purpose from the evidence. Indian Trail Trading Post, Inc. v. Commissioner, 60 T.C. 497, 500 (1973). HEI received regular reports on the investments held in the Investment Divisions, including reports of its after-tax returns, and we are not inclined to second-guess its investment decisions. See generally Illinois Terminal R.R. v. United States, 179 Ct. Cl. 674, 375 F.2d 1016, 1021-1022 (1967) (taxpayers need not receive economic benefits from tax-exempt securities for section 265(a)(2) to apply).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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