Saba Partnership, Brunswick Corporation, Tax Matters Partnership - Page 22




                                       - 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 the                 





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