- 126 - produced an interest rate curve that gradually increased over the 5-year terms of the LIBOR notes. However, respondent produced evidence that a broad cross-section of economists and financial experts were forecasting falling interest rates during 1990 and 1991. Under the circumstances, we conclude that it was unreasonable to believe that there would be any substantial appreciation in the LIBOR notes over their 5-year terms. That is not to say that it would have been unreasonable to expect any profits on an investment in the LIBOR notes, only that such profits would be limited. Relatively modest profits are insufficient, standing alone, to clothe the disputed CINS transactions with economic substance. In particular, even assuming for the sake of argument that the partnerships reasonably could have expected profits of up to $10,800,000 on a 5-year investment in the LIBOR notes, such profits would be inconsequential when compared with the capital losses of approximately $170,000,000 that the CINS transactions were designed to generate for Brunswick. See Sheldon v. Commissioner, 94 T.C. 738, 767-768 (1990); see also ACM Partnership v. Commissioner, 157 F.3d at 258; Goldstein v. Commissioner, 364 F.2d at 739-740. In Yosha v. Commissioner, 861 F.2d 494, 499 (7th Cir. 1988), the Court of Appeals for the Seventh Circuit stated: A transaction has economic substance when it is the kind of transaction that some people enter into withoutPage: Previous 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 Next
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