Lowell L. and Marilyn A. Robertson - Page 10




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             The Investment Memorandum also states:                                   
                       Except for the Trustee's right to collect                      
                  the Additional Rent [i.e., Contingent Rent], any                    
                  ultimate economic return to the Unitholders is                      
                  dependent upon the residual value of the Equip-                     
                  ment, if any, at the expiration of the terms of                     
                  the [Master] Leases.                                                

                                       OPINION                                        
                  This case involves a garden-variety computer leasing                
             tax shelter similar to others that the Court has held to be              
             shams.  See Estate of Strober v. Commissioner, T.C. Memo.                
             1992-350; Mele v. Commissioner, T.C. Memo. 1988-409;                     
             Dobbs v. Commissioner, T.C. Memo. 1987-361; cf. Rubin v.                 
             Commissioner, T.C. Memo. 1989-484.  There is nothing novel               
             in the transaction or the Court's opinion in response to                 
             it.  In Robertson I, we held that petitioners had failed                 
             to meet their burden of proving that the subject sale-                   
             leaseback transaction was not a sham as had been determined              
             by respondent.  We considered both the economic substance                
             of the transactions, i.e., whether they offered a reason-                
             able opportunity for profit exclusive of tax benefits, and               
             petitioner's subjective business purpose for entering the                
             transactions, i.e., whether he had a profit objective or                 
             purchased an interest in the trust solely to acquire tax                 
             benefits.  See generally Gilman v. Commissioner, 933 F.2d                
             143, 147-148 (2d Cir. 1991), affg. T.C. Memo. 1990-205;                  






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