- 62 - business purpose and economic substance may still be recast in order to reflect its true nature. Packard v. Commissioner, 85 T.C. 397, 419-422 (1985). Substance over form and related judicial doctrines all require “a searching analysis of the facts to see whether the true substance of the transaction is different from its form or whether the form reflects what actually happened.” Harris v. Commissioner, 61 T.C. 770, 783 (1974). The issue of whether any of those doctrines should be applied involves an intensely factual inquiry. See Gordon v. Commissioner, 85 T.C. 309, 327 (1985); see also Bowen v. Commissioner, 78 T.C. 55, 79 (1982), affd. 706 F.2d 1087 (11th Cir. 1983); Gaw v. Commissioner, T.C. Memo. 1995-531, affd. without published opinion 111 F.3d 962 (D.C. Cir. 1997). After a thorough review of the record in these consolidated cases, we find, and thus hold, alternatively, the following: (1) Andantech is not a valid partnership and should not be recognized for Federal tax purposes; more specifically: (a) Andantech-Foreign should be disregarded because Messrs. Parmentier and de la Barre d’Erquelinnes did not intend to join together as partners for the purpose of carrying on aPage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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