Jerry and Patricia A. Dixon, et al - Page 76




                                       - 16 -                                         

          stock in a subchapter S leasing corporation or an acceptance                
          corporation and/or enter into a subscription agreement to                   
          purchase stock, all in connection with loans to the participants            
          by various entities created by Mr. Kersting.  The plans were                
          primarily designed to generate income tax deductions for interest           
          that the participants purportedly paid to the Kersting entities             
          on the loans.                                                               
               The Commissioner determined that participants in                       
          Mr. Kersting's auto-leasing and acceptance corporation plans were           
          not entitled to deduct:  (1) "Interest" that participants claimed           
          to have paid on either the Auto-Leasing stock purchase or                   
          leverage loans; (2) the participants' pro rata shares of losses             
          or investment credits from the auto leasing companies; and                  
          (3) "interest" that participants claimed to have paid either on             
          the acceptance corporation stock purchase or stock subscription             
          loans.                                                                      
          In Pike v. Commissioner, 78 T.C. 822 (1982), affd. without                  
          published opinion 732 F.2d 164 (9th Cir. 1984), this Court                  
          sustained the Commissioner's disallowances of all deductions for            
          interest, losses, and credits claimed by participants in                    
          Mr. Kersting's early programs.                                              
          B.   Kersting Criminal Investigation                                        
               While the Pike litigation was underway, Mr. Kersting                   
          continued to promote additional tax shelter programs, which came            
          to be known as the stock purchase plan, the stock subscription              
          plan, the leasing company plan, and the CAT-FIT plan.  The                  

Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011