- 35 - validity of Countryside’s debt to CB&T (which, pursuant to participating partner’s concession that CLPP and MP may be disregarded, includes MP’s $3.4 million debt to CB&T), that debt must be accepted as bona fide for purposes of sections 731(a)(1) and 752. Respondent’s reliance on Goldstein founders on the fact that Countryside, rather than Mr. Winn and Mr. Curtis, occupies Mrs. Goldstein’s position (paying more interest on the borrowings than was received on the investment purchased with those borrowings). The comparable issue in this case would be whether Countryside is entitled to deduct the interest paid on the loans from CB&T. Respondent has not raised an interest deductibility issue in this case, and there is nothing, on that score, for us to resolve. The Goldstein case, however, does support respondent’s argument that literal compliance with the conditions for the application of a particular Code section (in the Goldstein case, section 163(a); in this case, sections 731(a)(1) and 752) does not mandate application of the section where the transaction giving rise to that application fails to comport with Congress’s purpose in enacting the section. The question before the Court of Appeals in Goldstein was, at heart, one of statutory construction, i.e., determining whether, despite the broad scope of section 163(a), Congress intended to allow an interest deduction for interest paid on funds borrowed “for no purposive reason * * * other than * * * securing * * * [a tax] deduction”. Goldstein v. Commissioner, 364 F.2d at 742. Courts commonlyPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 NextLast modified: March 27, 2008