- 110 - to the time of disposition. See Cottage Sav., 499 U.S. at 557-58, 111 S.Ct. at 1506. The taxpayer's relinquishment of assets so altered in actual economic value over the course of a long-term investment stands in stark contrast to ACM's relinquishment of assets that it had acquired 24 days earlier under circumstances which assured that their principal value would remain constant and that their interest payments would not vary materially from those generated by ACM's cash deposits. [ACM Partnership v. Commissioner, supra at 251; fn. ref. omitted.] In accord with the preceding discussion, we conclude that Cottage Sav. Association v. Commissioner, supra, neither mandates that we respect the tax consequences of the CINS transactions disputed in these cases, nor precludes a review of the economic substance of those transactions. Moreover, based upon our review of sections 1001 and 453, and their underlying regulations and legislative histories, we are satisfied that Congress did not intend to create the loophole that the partnerships have attempted to exploit. See Horn v. Commissioner, 968 F.2d at 1238. Consequently, we will proceed with an analysis of the economic substance of the CINS transactions. IV. Petitioner's Contention That CINS Transactions Are Imbued With Economic Substance Petitioner contends that respondent's partnership adjustments must be rejected even assuming that the economic substance doctrine, as articulated in ACM Partnership v. Commissioner, supra, is applicable. An evaluation of the economic substance of the CINS transactions requires: (1) A subjective inquiry whether thePage: Previous 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 Next
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