3-KOAM Company, A Partnership, My Hat, Inc., Tax Matters Partner - Page 8

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          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 and                      




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