Norwest Corporation and Subsidiaries, Successor in Interest to United Banks of Colorado, Inc., and Subsidiaries, et al. - Page 62

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          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 assertion               



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