Jerry and Patricia A. Dixon, et al - Page 120




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          II. Notices of Deficiency Issued to Kersting Program                        
               Participants                                                           
          In 1982, respondent began to issue notices of deficiency to                 
          Kersting program participants, disallowing interest deductions              
          claimed with respect to the stock purchase plan, the stock                  
          subscription plan, the leasing company plan, and the CAT-FIT plan           
          for a number of taxable years.                                              
          A.   Form of Notices of Deficiency                                          
          The notices of deficiency issued by respondent to many                      
          Kersting program participants used a common format, stating in              
          pertinent part as follows:                                                  
                             EXPLANATION OF ADJUSTMENTS                               
               1. It is determined that the following amounts claimed                 
               on your      income tax return as interest deductions                  
               are not allowable:                                                     
                    Amount              Purported Payee[10]                           
               $---------            Any entity owned, associated                     
          with, or controlled, either                                                 
          directly or indirectly, by                                                  
          Henry Kersting                                                              
               This disallowance is based on the determination that                   
               the transactions giving rise to the claimed interest                   
               deduction are shams.  This disallowance is further                     
               based upon your failure to establish that the above                    
               amounts were paid or properly accrued, or that the                     
               transactions purportedly generating the claimed amounts                
               resulted either in any bona fide indebtedness or in any                
               enforceable and bona fide obligation to pay                            
               compensation for use or forbearance of money on                        
               indebtedness within the meaning of I.R.C. Section 163.                 
                    Furthermore, if it is established that any portion                
               of the above disallowed "interest" is a properly                       

          10  In some instances, respondent's notices of deficiency                   
          listed specific Kersting corporations under "Purported Payee".              

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