- 262 - underlying the stock subscription plan, and the apparent waltz of (1) first-year subscription interest under the leasing corporation plan, (2) distribution checks under the leasing corporation plan, and (3) leverage loan funds in each of the stock subscription, stock purchase, and leasing corporation plans. In sum, considering Judge Goffe's copious list of factors in support of his conclusion that Mr. Kersting and program participants had an understanding regarding the stock surrender policy, as well as Judge Goffe's alternative analyses in support of his holding that primary loans did not constitute genuine debt and that interest on primary loans was not paid within the meaning of section 163, we are convinced that Mr. Thompson's testimony was not material to the outcome in Dixon II. Judge Goffe also determined that leverage loans did not represent genuine debt because of several factors, including the waltzing of funds, backdating of documents, substance not following form, and mutual expectations of no personal liability. Again, given the variety of the factors cited by Judge Goffe, we are convinced that Mr. Thompson's testimony was not material to Judge Goffe's holding that leverage loans did not represent genuine debt. iii. Additions to Tax Judge Goffe sustained respondent's determinations that the Thompsons were liable for interest computed at the increased rate prescribed in section 6621(c) for 1981, and that the Youngs andPage: Previous 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 Next
Last modified: May 25, 2011