T.C. 386 (1987). First, the transaction must have economic substance; the transaction cannot be a complete sham. Mahoney v. Commissioner, supra at 1219. Second, if the transaction is found to have economic substance, the question becomes whether the taxpayer was motivated by profit to participate in the transaction within the meaning of section 183. Id. If the transaction is found to be a sham, then the entire transaction is disregarded for Federal income tax purposes, and such niceties as whether the transaction was engaged in primarily for profit are simply not involved. Id. Therefore, in determining whether a particular transaction was a sham, a court should not address whether, in the light of hindsight, the taxpayer made a wise investment; instead, the court must address whether the taxpayer made a bona fide investment at all or whether the taxpayer merely purchased tax deductions. Bryant v. Commissioner, 928 F.2d 745, 749 (6th Cir. 1991), affg. in part and revg. in part T.C. Memo. 1989-527. The same two-part test is applied in determining whether a deduction or credit with respect to investment in a tax shelter is valid. Illes v. Commissioner, 982 F.2d 163 (6th Cir. 1992), affg. T.C. Memo. 1991-449. A tax shelter can be reasonably defined as a transaction entered into for the purpose of generating (1) deductions in excess of investment contributions claimed in a given taxable year to reduce income from other sources that year, and/or (2) credits in excess of the taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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