- 16 - Under any version of the business purpose and economic substance test, the transactions before us must be regarded as lacking in business purpose and economic substance. Additionally, we note that, prior to the September 1993 transactions, QTN was a dormant shell corporation, controlled by Wolf, not a going concern. Petitioner contends that it is entitled to the $22 million claimed ordinary business expense deductions relating to its transfer to Wildervank of its interest in the Trust Fund and the $400,000 in cash. Petitioner’s apparent theory of deductibility is that the value of petitioner’s interest in the Trust Fund was equal to the $21.8 million balance in the Trust Fund and therefore that when petitioner transferred to Wildervank its interest in the Trust Fund, plus the $400,000 in cash, the transfer should be treated as a “payment” by petitioner to Wildervank of $22 million in exchange for the cancellation of petitioner’s obligation on an onerous lease. In support, petitioner cites case authority and respondent’s rulings for the proposition that payments extinguishing lease obligations may qualify as ordinary and necessary business expense deductions. Hort v. Commissioner, 313 U.S. 28, 32 (1941); Stuart Co. v. Commissioner, 195 F.2d 176, 177 (9th Cir. 1952), affg. a Memorandum Opinion of this Court; Helvering v. Cmty. Bond & Mortgage Corp., 74 F.2d 727, 728 (2d Cir. 1935), affg. 27 B.T.A.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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