- 17 - floor of the NYSE. Thus, there was virtually no risk of price fluctuation. Special next-day settlement terms and large blocks of ADR's were also used to minimize the risk of third parties breaking up the cross-trades, and, because the cross-trades were at the market price, there was no risk of other traders breaking up the trades. None of the outgoing cash-flow resulted from risks. Accordingly, we have found that this transaction was deliberately predetermined and designed by petitioner and Twenty- First to yield a specific result and to eliminate all market risks. To satisfy the business purpose requirement of the economic substance inquiry, “the transaction must be rationally related to a useful nontax purpose that is plausible in light of the taxpayer's conduct and * * * economic situation.” AMC Partnership v. Commissioner, T.C. Memo. 1997-115, affd. in part, revd. in part, and remanded 157 F.3d 231 (3d Cir. 1998); see also Levy v. Commissioner, supra at 854. This inquiry takes into account whether the taxpayer conducts itself in a realistic and legitimate business fashion, thoroughly considering and analyzing the ramifications of a questionable transaction, before proceeding with the transaction. See UPS of Am. v. Commissioner, T.C. Memo. 1999-268. Petitioner contends that it entered into the ADR transaction as a short-term investment to make a profit apart from taxPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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