- 117 - purposes amount to little more than window dressing for transactions that were designed and implemented solely to generate tax benefits for Brunswick. B. Economic Substance As previously mentioned, a transaction imbued with economic substance normally will be recognized for tax purposes even in the absence of a nontax business purpose. See Northern Ind. Pub. Serv. Co. v. Commissioner, 115 F.3d at 511-512; Larsen v. Commissioner, 89 T.C. at 1253. In Knetsch v. United States, 364 U.S. 361, 366 (1960) (quoting Gilbert v. Commissioner, 248 F.2d 399, 411 (2d Cir. 1957) (J. Hand, dissenting), the Supreme Court held that the transaction in question was a sham because it did "not appreciably affect * * * [the taxpayer's] beneficial interest except to reduce his tax". In Northern Ind. Pub. Serv. Co. v. Commissioner, supra at 512, the Court of Appeals for the Seventh Circuit held that the Commissioner could not set aside transactions which resulted "in actual, non-tax related changes in economic position." See ACM Partnership v. Commissioner, 157 F.3d at 248; Jacobson v. Commissioner, 915 F.2d 832, 837 (2d Cir. 1990). In Horn v. Commissioner, 968 F.2d at 1237, the Court of Appeals for the District of Columbia Circuit indicated that, before declaring a transaction an economic sham, the court should consider whether the transaction presented a reasonable prospect for economic gain.Page: Previous 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 Next
Last modified: May 25, 2011