- 507 - benefits. However, the presence of a business purpose does not necessarily confirm recognition for Federal tax purposes if objective indicia of economic substance indicating a realistic potential for economic profit are not manifest. See Larsen v. Commissioner, 89 T.C. 1229 (1987), affd. in part, revd. in part 909 F.2d 1360 (9th Cir. 1990). IRA's transactions will not constitute a sham, factual or legal, as long as IRA can demonstrate a legitimate nontax motive for entering into the transactions and a reasonable opportunity for profit, exclusive of tax benefits. This, of course, assumes the transactions were something other than merely the affixation of various signatures to forms, facts not demonstrated by IRA in view of all the circumstances. We think IRA has failed in its burden of proof. Considering the economics of the transactions, we note that none of the transactions had the requisite economic substance, unless the transactions reasonably could be expected to return cash to IRA in an amount in excess of that invested. In this regard, the sale leaseback transaction could return cash to IRA from only two sources. First, the amount of rent due to IRA each month under its lease with the specific seller/lessee, e.g., O.P.M., could exceed the amount of the cash paid at closing, the payments made on the short term notes, plus the monthly payments required under its long-term notes to the payee thereunder by an amountPage: Previous 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 Next
Last modified: May 25, 2011