- 66 - existence, of the underlying commodities. Merit was "playing a football game without the football". See Price v. Commissioner, 88 T.C. 860, 884 (1987). Petitioners' counsel have ably compartmentalized the elements of respondent's criticisms of the Merit program and then gone to work on each singly. But in the end, we must bring all these elements together. Treating the facts as a bundle, we cannot escape the conclusion that the Merit markets lacked economic substance. Although the form appeared as markets for particular financial instruments, the substance was the creation of straddles to generate loss deductions without corresponding economic losses. From an objective standpoint, the straddles were unlikely to produce economic benefits aside from tax deductions. In short, the Merit trades lacked economic substance and cannot support the losses claimed. See Casebeer v. Commissioner, 909 F.2d 1360 (9th Cir. 1990).25 Issue 2. Primary Profit Objective Our holding as to economic substance may obviate the need to discuss at length the question of petitioners' profit motives; in 25 Petitioners contend that, to the extent their deductions are disallowed under the Merit programs because of a lack of economic substance, the corresponding income should be removed from taxable income as well. We agree. In a sham situation, we must give effect neither to the deductions nor to the income generated by the program at issue. Sheldon v. Commissioner, 94 T.C. 738, 762 (1990); see Julien v. Commissioner, 82 T.C. 492, 498, 508-509 (1984); see also Goldstein v. Commissioner, 364 F.2d 734 (2d Cir. 1966), affg. 44 T.C. 284 (1965); cf. DEFRA sec. 108(c), 98 Stat. 630, as amended by the Tax Reform Act of 1986 (TRA), Pub. L. 99-514, sec. 1808(d), 100 Stat. 2817.Page: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
Last modified: May 25, 2011