- 127 - a tax motive, even though the people fighting to defend the tax advantages of the transaction might not or would not have undertaken it but for the prospect of such advantages--may indeed have had no other interest in the transaction. In the instant cases, the partnerships converted large sums of cash into relatively illiquid investments (PPNs and CDs) and, within a few weeks, incurred significant costs converting the investment to 80 percent cash and 20 percent LIBOR notes. The partnerships' short-term investment in the PPNs and CDs, which guaranteed a net economic loss after accounting for transaction costs, begs the question why the partnerships did not simply invest 20 percent of its cash in LIBOR notes. The only plausible explanation is that the partnerships' short-term investment in the PPNs and CDs set the stage for greater financial returns in the form of tax losses for Brunswick. We are convinced that no reasonable business person would have participated in the CINS transactions, as they were designed and implemented in these cases, except for a tax motive. In Goldstein v. Commissioner, supra, one of the taxpayers, Tillie Goldstein, sought to shelter $140,000 that she won in the Irish sweepstakes by borrowing $945,000 from 2 banks at 4 percent interest, and investing the proceeds in $1 million face amount U.S. Treasury securities maturing in 3 or 4 years, and which paid interest of either one-half of 1 percent or 1-1/2 percent. She then prepaid interest in the amount of $81,396, and sought toPage: Previous 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 Next
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