- 506 - In our view the equipment leasing investments constituted nothing more than paper transactions designed solely to shelter IRA's income. This is established primarily by IRA's failure to produce any credible evidence that actual equipment purchases took place, that the underlying equipment was ever in existence or placed in service, or that there were ever any payments made on the purported long-term promissory notes. The sham nature of these transactions is revealed by IRA's failure to prepare or produce a single equipment appraisal, residual or fair market value opinion, income projection, economic forecast, or any other type of financial analysis or similar supporting document in connection with the transactions. There are several reasons why respondent prevails on this issue. First, IRA's transactions with the leasing companies, and any intermediaries, lacked economic substance and business purpose, and therefore must be disregarded for Federal income tax purposes as sham transactions. The analysis of IRA's transactions is essentially a two- pronged inquiry. The first prong, the business purpose test, addresses IRA's motives for entering into the transaction. See Rice's Toyota World Inc. v. Commissioner, 81 T.C. at 192. The second prong, the economic substance test, involves an objective analysis of the transaction to determine whether or not it had any realistic prospect of economic profit, exclusive of taxPage: Previous 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 Next
Last modified: May 25, 2011