Jerry and Patricia A. Dixon, et al - Page 165




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               Judge Goffe further concluded that the test case petitioners           
          failed to show that the Kersting programs had economic substance            
          beyond the creation of tax benefits.  Relying primarily upon the            
          manner in which Mr. Kersting actually operated the programs,                
          Judge Goffe found that there was little if any likelihood of                
          either corporate profitability or shareholder profitability.                
          Even assuming some level of corporate profitability and a                   
          related increase in the value of Kersting stock, Judge Goffe                
          found it significant that no evidence was offered either through            
          Mr. Kersting or the test case petitioners that Kersting program             
          participants were ever in a position to sell their stock at an              
          increased value relative to the purchase price of the stock.                
          Finally, Judge Goffe found that Mr. Kersting routinely                      
          disregarded standard corporate practices.  See id. at 1491-1494,            
          1991 T.C.M. (RIA), at 91-3034 to 91-3038.                                   
               Consistent with his findings that the test case petitioners            
          had no business purpose for entering into the Kersting programs             
          other than tax avoidance and that the transactions lacked                   
          economic substance, Judge Goffe held that the stock transactions            
          were shams.                                                                 
               3.   Lack of Genuine Debt/Waltz of Funds                               
               After concluding that the stock transactions were shams,               
          Judge Goffe went on to consider whether the primary and leverage            
          loans constituted genuine debt that qualified for deduction under           
          section 163(a).  Judge Goffe independently examined each of the             
          Kersting programs and loans in dispute.                                     

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