Medieval Attractions N.V - Page 25

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          States, supra; Saviano v. Commissioner, supra; Falsetti v.                  
          Commissioner, supra.  In Frank Lyon Co. v. United States, 435               
          U.S. 561, 573 (1978), the Supreme Court stated:                             
               In applying this doctrine of substance over form, the                  
               Court has looked to the objective economic realities of                
               a transaction rather than to the particular form the                   
               parties employed.  The Court has never regarded “the                   
               simple expedient of drawing up papers,” Commissioner v.                
               Tower, 327 U.S. 280, 291 (1946), as controlling for tax                
               purposes when the objective economic realities are to                  
               the contrary.  “In the field of taxation,                              
               administrators of the laws and the courts are concerned                
               with substance and realities, and formal written                       
               documents are not rigidly binding.”  Helvering v.                      
               Lazarus & Co., 308 U.S. [252] at 255 [(1939)].  See                    
               also Commissioner v. P.G. Lake, Inc. 356 U.S. 260, 266-                
               267 (1958); Commissioner v. Court Holding Co., 324 U.S.                
               331, 334 (1945).  Nor is the parties’ desire to achieve                
               a particular tax result necessarily relevant.                          
               Commissioner v. Duberstein, 363 U.S. 278, 286 (1960).                  
          The Supreme Court, in concluding that the transactions there in             
          issue were to be recognized for tax purposes, held that, where:             
               there is a genuine multiple-party transaction with                     
               economic substance which is compelled or encouraged by                 
               business or regulatory realities, is imbued with tax-                  
               independent considerations, and is not shaped solely by                
               tax-avoidance features that have meaningless labels                    
               attached, the Government should honor the allocation of                
               rights and duties effectuated by the parties.  * * *                   
               [Id. at 583-584.]                                                      
          This Court has articulated a definition of “‘sham in substance’             
          as the expedient of drawing up papers to characterize                       
          transactions contrary to objective economic realities and which             
          have no economic significance beyond expected tax benefits.”                
          Falsetti v. Commissioner, supra at 347; see Rice's Toyota World,            
          Inc. v. Commissioner, 752 F.2d 89, 91-92 (4th Cir. 1985), affg.             
          in part and revg. in part 81 T.C. 184 (1983).  In Falsetti, we              



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