Countryside Limited Partnership, CLP Holdings, Inc., Tax Matters Partner - Page 34




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          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 the           






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