- 20 - 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".Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011