- 94 - recognized for tax purposes they must have economic substance." Id. at 52. More recently, the Third Circuit reiterated that "[t]he general rule on sham transactions in this circuit is well- established: 'If a transaction is devoid of economic substance * * * it simply is not recognized for federal taxation purposes, for better or for worse. This denial of recognition means that a sham transaction, devoid of economic substance, cannot be the basis for a deductible loss.'" United States v. Wexler, 31 F.3d 117, 122 (3d Cir. 1994) (quoting Lerman v. Commissioner, supra at 45). In Wexler, the taxpayer claimed deductions resulting from financial arrangements known as "repo to maturity" transactions. Id. at 118. The taxpayer argued that the economic substance doctrine did not apply to the deduction of interest payments pursuant to section 163 if the taxpayer's obligation to pay the interest is binding and enforceable. Id. at 122. The Third Circuit analyzed a series of related cases and noted that the key requirement that permeated each of those cases was that the financial transaction be "economically substantive". Id. at 127 (emphasis omitted). The Third Circuit stated that "transactions with no economic significance apart from tax benefits lack economic substance." Id. at 124. The "principle laid down in the Gregory case is not limited to corporate reorganizations, but rather applies to the federalPage: Previous 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Next
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