- 8 - Casebeer v. Commissioner, 909 F.2d 1360 (9th Cir. 1990), affg. T.C. Memo. 1987-628, affg. Larsen v. Commissioner, 89 T.C. 1229 (1987), affg. Sturm v. Commissioner, T.C. Memo. 1987-625, affg. Moore v. Commissioner, T.C. Memo. 1987-626; Rice's Toyota World, Inc. v. Commissioner, 81 T.C. 184, 196 (1983), affd. in part on this issue, revd. in part 752 F.2d 89 (4th Cir. 1985). However, it is well settled that the substance of a transaction and not the form will control its tax consequences. Frank Lyon Co. v. United States, 435 U.S. 561, 573 (1978). A transaction entered into solely for the purpose of tax reduction, which is devoid of economic, commercial, or legal purpose other than the expected tax benefits, is a sham without effect for Federal income tax purposes. Id.; Rice's Toyota World, Inc. v. Commissioner, supra at 196. In Rice, we stressed that where "a taxpayer, cognizant of potential tax benefits, enters into a transaction of questionable economic worth, the tests developed under the sham transaction doctrine are applied to determine whether a threshold level of business purpose and economic substance is present." Id. After careful consideration of all the facts in this case, we conclude that the transfer of the $90,000 from 3-Koam to Inkax is not a bona fide outlay for research and development, because the transaction lacks sufficient economic substance. The record shows that there is little, apart from tax considerations, to justify 3-Koam's entry into the purported research andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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