- 62 - the Court “that since the sale and the creation of the trust transpired simultaneously, the transaction in substance was a sale consisting of a $20,000 downpayment and a lifetime remuneration of $6,000 per year”, which transaction would not result in gain on the disposition of an installment obligation. Id. at 169. In response, this Court stated as follows: The petitioners' first contention has little or no justification in light of the fact that the form of the transaction was contemplated and carried out by the petitioners; it was their decision to report the sale on the installment basis. A taxpayer cannot elect a specific course of action and then when finding himself in an adverse situation extricate himself by applying the age-old theory of substance over form. [Id.] Similarly, in this case, petitioner structured the 1988 Atrium Transaction as a sale by LBC of a 48-percent interest in the Atrium Property to ARICO for $17,100,000 and a lease of the Atrium Land by UBD from LBC and LAL. On its Federal income tax return for the taxable year 1988, the UBC affiliated group reported a gain of $3,803,496 on that sale, and, on its Federal income tax returns for the taxable years 1989 through 1991, the UBC affiliated group took deductions for rental expenses on account of the Atrium Lease. In addition, after 1988, the depreciation deductions claimed with respect to the Skyway and that portion of the Atrium Structure placed in service prior to 1989 were computed on 51.5152 percent of the assets' cost bases. As late as April 22, 1993, petitioner did not disavow its tax return treatment of the 1988 Atrium Transaction. Indeed, petitioner apparently does not dispute respondent's assertionPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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