Jerry and Patricia A. Dixon, et al - Page 189




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          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 and             

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