Prindle International Marketing, UBO, Keyus Group, Trustee - Page 12

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          prevent respondent and the courts from reallocating income from             
          Prindle to Mr. and Mrs. Fox.  We disagree.  In those cases, the             
          courts found that a sale and leaseback of a building had economic           
          substance.  Frank Lyon Co. v. United States, supra at 577; Sacks            
          v. Commissioner, supra at 988.  In contrast, Prindle had no                 
          economic substance.  Thus, Frank Lyon Co. and Sacks do not                  
          control here.                                                               
               Petitioners contend that Prindle had economic substance                
          because they intended to use it so that income Mr. Fox earned               
          from Oxyfresh would pass to their children after petitioners                
          died, citing Brooke v. United States, 468 F.2d 1155 (9th Cir.               
          1972).  We disagree.  Brooke differs from this case.  In Brooke,            
          the taxpayer transferred real estate to his children as a gift.             
          The Montana State Probate Court appointed the taxpayer as their             
          guardian.  The children rented a pharmacy, apartment, and medical           
          office to the taxpayer.  The taxpayer used the rents to pay for             
          the children's insurance, health, and education.  The U.S. Court            
          of Appeals for the Ninth Circuit found that the transfers to the            
          children were not shams and that the children had to pay income             
          tax on the rents.  Id. at 1158.                                             
               We are not convinced by petitioners' argument because they             
          have not shown that Oxyfresh would have made payments after Fox             
          died.  Mr. Fox's testimony on this point was contradictory.  He             
          said that the income stream would continue after he died.                   
          However, he also agreed with Mrs. Fox's testimony that he needed            




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