- 112 - recognitition of a transaction that otherwise lacks economic substance) affg. Glass v. Commissioner, 87 T.C. 1087 (1986). A. Business Purpose Petitioner argues that the partnerships engaged in the CINS transaction to achieve a number of business objectives other than to obtain tax benefits. Petitioner first contends that the partnerships provided an appropriate investment vehicle for the proceeds from the sale of Brunswick's Technical businesses and Nireco stock, at a time when Brunswick was vulnerable to a takeover attempt. The partnerships purportedly were viewed in part as a means to "tie up" Brunswick's excess cash so that it could not be used against Brunswick in a leveraged buy out. Petitioner further contends that the acquisition of LIBOR notes, with floating interest rates, provided a hedge against a decline in Brunswick's marine sales (and lower profits) associated with periods of rising interest rates. Finally, petitioner maintains that the partnerships provided Brunswick with an opportunity to establish a relationship with a large, international financial institution consistent with Brunswick's long-term strategic planning.Page: Previous 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Next
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