- 10 - The Investment Memorandum also states: Except for the Trustee's right to collect the Additional Rent [i.e., Contingent Rent], any ultimate economic return to the Unitholders is dependent upon the residual value of the Equip- ment, if any, at the expiration of the terms of the [Master] Leases. OPINION This case involves a garden-variety computer leasing tax shelter similar to others that the Court has held to be shams. See Estate of Strober v. Commissioner, T.C. Memo. 1992-350; Mele v. Commissioner, T.C. Memo. 1988-409; Dobbs v. Commissioner, T.C. Memo. 1987-361; cf. Rubin v. Commissioner, T.C. Memo. 1989-484. There is nothing novel in the transaction or the Court's opinion in response to it. In Robertson I, we held that petitioners had failed to meet their burden of proving that the subject sale- leaseback transaction was not a sham as had been determined by respondent. We considered both the economic substance of the transactions, i.e., whether they offered a reason- able opportunity for profit exclusive of tax benefits, and petitioner's subjective business purpose for entering the transactions, i.e., whether he had a profit objective or purchased an interest in the trust solely to acquire tax benefits. See generally Gilman v. Commissioner, 933 F.2d 143, 147-148 (2d Cir. 1991), affg. T.C. Memo. 1990-205;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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