CGF Industries, Inc. and Subsidiaries - Page 36




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               Here, the evidence of record and the parties' stipulation of           
          the following facts show a plan for the joint purchase by related           
          parties of partnership interests for the sole purpose of                    
          obtaining favorable tax benefits.16  While the legal right of a             
          taxpayer to decrease the amount of what otherwise would be his              
          taxes or altogether avoid them by means which the law permits               
          cannot be doubted, Gregory v. Helvering, 293 U.S. 465, 469                  
          (1935), the Commissioner may disregard transactions which are               
          designed to manipulate the tax laws so as to create artificial              
          tax deductions, Northern Ind. Pub. Serv. Co. v. Commissioner, 115           
          F.3d 506, 512 (7th Cir. 1997) (citing Knetsch v. United States,             
          364 U.S. 361 (1960), as authority for that proposition), affg.              
          105 T.C. 341 (1995).                                                        
               In 1986, Robert A. Page produced an 11-page letter, calling            
          it his "epistle", in which he described what he believed to be a            
          favorable device for extracting corporate assets without a                  


               16Joint asset acquisitions give rise to tax planning tech-             
          niques because value shifts from the present interest holder to             
          the future interest holder without the latter's being taxed when            
          the remainder interest vests in possession.                                 
               For purposes of this opinion, we take at face value the                
          parties' stipulated submission of Joint Exhibit No. 181-FY, in              
          which Mr. Page asserts that participating in the joint asset                
          acquisitions creates tax benefits for the remaindermen by                   
          "extract[ing] cash from * * * [CGF and Lincoln] at an approximate           
          14% tax rate."  Respondent asserts that this multitiered trans-             
          action was designed to create tax benefits for the term interest            
          holders, too.  More specifically, respondent emphasizes that, by            
          participating in the joint asset acquisitions, petitioners sought           
          to match amortization deductions against their income on U.S.               
          Government securities, which they now owned indirectly through              
          limited partnerships.                                                       

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