- 101 - The narrowest alternative is the "binding commit- ment" test, under which a series of transactions are collapsed if, at the time the first step is entered into, there was a binding commitment to undertake the later step. See Commissioner v. Gordon, 391 U.S. 83, 96 (1968); * * * At the other extreme, the most far-reaching alter- native is the "end result" test. Under this test, the step transaction doctrine will be invoked if it appears that a series of formally separate steps are really prearranged parts of a single transaction intended from the outset to reach the ultimate result. See King Enters., Inc. v. United States, 418 F.2d at 516; * * * The third test is the "interdependence" test, which focuses on whether "the steps are so interdepen- dent that the legal relations created by one transac- tion would have been fruitless without a completion of the series." Redding v. Commissioner, 630 F.2d at 1177; * * * Steps that are transitory, meaningless, or lacking in a non- tax, business purpose may be disregarded for purposes of deter- mining the true nature of a transaction. See Minnesota Tea Co. v. Helvering, 302 U.S. 609, 613 (1938). A transaction may be treated as a sham where a taxpayer is motivated by no business purpose other than obtaining tax bene- fits and the transaction has no economic substance because no reasonable possibility of profit exists. See Rice's Toyota World, Inc. v. Commissioner, 752 F.2d 89, 91-95 (4th Cir. 1985), affg. on this issue 81 T.C. 184 (1983). Even if a transaction is not a sham, it may still be recast in order to reflect its true nature. See Packard v. Commissioner, 85 T.C. 397, 419-422 (1985). Interposition of an intermediary between other persons in- volved in a transaction may be disregarded under substance overPage: Previous 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 Next
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