- 241 - i. Subscription Interest Relying upon the specific language in the stock subscription agreements underlying the stock subscription plan and the leasing corporation plan, Judge Goffe held that the agreements, standing alone, did not create an unconditional debt obligation. See id. at 1494-1496, 1991 T.C.M. (RIA), at 91-3038 to 91-3040. Judge Goffe further denied deductions for subscription interest under the Stock Subscription and Leasing Corporation Plans on the ground that such interest was not "paid" within the meaning of section 163(a). In so holding, Judge Goffe focused on Mr. Kersting's practice of carrying out a circular flow of checks among Kersting corporations and investors at the same bank on the same day--the so-called waltz of funds. See, e.g., Davison v. Commissioner, 107 T.C. 35 (1996), affd. per curiam 141 F.3d 403 (2d Cir. 1998). In particular, Judge Goffe identified two specific instances in which Mr. Kersting waltzed funds affecting Stock Subscription Plans. In one instance, Mr. Kersting waltzed primary loan funds; in the other instance, he waltzed leverage loan funds. Relying upon evidence that there were several other potential waltz situations across the board with respect to the stock purchase plan, the stock subscription plan, and the leasing corporation plan, Judge Goffe found that waltzes were essential elements of all the Kersting stock transactions. See Dixon II, 62 T.C.M. (CCH) at 1496-1499, 1991 T.C.M. (RIA), at 91-3040 to 91-3043.Page: Previous 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 Next
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