- 64 - Tower, 327 U.S. 280, 286 (1946); see also ASA Investerings Pship. v. Commissioner, 201 F.3d 505, 513 (D.C. Cir. 2000), affg. T.C. Memo. 1998-305. When the existence of an alleged partnership is challenged, the question arises whether the partners truly intended to join together for the purpose of carrying on business and sharing in the profits or losses or both. Commissioner v. Tower, supra at 286-287. “Business activity” excludes activity whose sole purpose is tax avoidance. ASA Investerings Pship. v. Commissioner, supra at 512. a. Andantech-Foreign Should Be Disregarded Because Messrs. Parmentier and de la Barre d’Erquelinnes Did Not Intend To Join Together for the Purpose of Carrying On a Business and Sharing in the Profits or Losses From the Equipment Leasing Activity In these consolidated cases, we are convinced that Messrs. Parmentier and de la Barre d’Erquelinnes did not intend to join together in order to share in any profit or loss from the business activity of Andantech-Foreign; namely, the sale and leaseback of computer equipment. Rather, to the contrary, we are convinced that Mr. Parmentier’s true business objective was to profit from the preferred stock of RD Leasing that he expected to receive. The correspondence between Mr. Parmentier’s attorney, Mr. Temko, and Comdisco establishes to us that Mr. Parmentier’s sole concern was with his potential tax liability and financial risk. Mr. Parmentier wanted assurances that he and Mr. de la Barre d’Erquelinnes could (1) promptly recover their $200,000 investment,Page: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
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