- 34 - economic profit and ‘solely’ in order to secure a large interest deduction * * * [to offset her sweepstakes winnings].” Id. at 740. The court found that Congress intended to limit interest deductions under section 163(a) to interest on debt incurred for “purposive activity”, and it held that that section did not permit a deduction for the interest paid by Mrs. Goldstein where the sole purpose of her borrowings was to generate tax deductible interest. Id. at 740-742. Because Countryside, like Mrs. Goldstein, could not realistically profit from investing in the AIG notes at a lower rate of return than it was required to pay on the loans used to make that investment, respondent considers the facts in the Goldstein case “analogous” and the result controlling of the result herein. Participating partner responds: “Goldstein, properly understood, stands for the limited proposition that, when a taxpayer * * * [borrows] for the sole purpose of claiming a tax deduction for the interest expense, the interest is not deductible.” He notes that the Court of Appeals for the Second Circuit respected the debt as bona fide, while disallowing the interest deduction for lack of any “purposive activity” in incurring the debt. He concludes: “There is no basis for contending that a similar ‘purposive activity’ concept is present in Code section 752, and there is thus no basis for attempting to extrapolate from Goldstein to the present case.” We interpret participating partner’s argument to be that, because neither business purpose nor economic substance considerations affect thePage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NextLast modified: March 27, 2008