Barry B. Bealor and Nancy L. Bealor, et al. - Page 25

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          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 to              




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