- 113 - recites: "During 1983, MIT 83 paid out $2,528,416 to employees and independent contractors and taxing authorities." Petitioners ignore respondent's express reservation that, "in stipulating to transactions, [she] is only stipulating to the form of such transactions and does not stipulate that there was any substance to such transactions. Respondent reserves the right to challenge particular stipulated transactions." At trial, Fred conceded that, in making such stipulations, the parties were merely reciting the form of the transaction. We thus do not accept petitioners' insistence on brief that the form described in the stipulations amounts to a concession of commercial or economic reality. The transactions described cannot be given effect for tax purposes, regardless of how particular paragraphs of the stipulations may be read in isolation. Petitioners also argue that business transactions similar to theirs do have economic substance. They cite cases for the proposition that offsetting payment obligations are not per se invalid for tax purposes. Petitioners point to Frank Lyon Co. v. United States, 435 U.S. 561 (1978), apparently assuming that their situation is in some way comparable. In that case, State and Federal regulations precluded a bank from financing its headquarters building by conventional means. Therefore, according to a plan, the Frank Lyon Co. obtained the financing, took title to the headquarters building, and leased it back toPage: Previous 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Next
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