Andantech L.L.C., Wells Fargo Equipment Finance, Inc. (f.k.a. Norwest Equipment Finance, Inc.), Tax Matters Partner, and Wells Fargo & Co., A Partner Other Than the Tax Matters Partner, et al. - Page 98




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          Andantech-Foreign in order to produce a more favorable tax result.            
          By channeling the sale and leaseback of the equipment through                 
          Andantech-Foreign, and by using a series of unnecessary exchanges             
          and transfers, RD Leasing through Andantech-US ended up with a high           
          basis in the equipment.  It would be unreasonable to assume that              
          the convoluted steps used in this transaction were anything other             
          than an integrated plan (prearranged by Comdisco and NEFI) to                 
          accomplish tax advantages that could not be accomplished otherwise.           
          In essence, Comdisco and NEFI changed what would have been the                
          natural result of a direct purchase of the equipment by engaging in           
          a series of steps designed from the outset to circumvent the intent           
          of the Code.  Fundamental principles of taxation dictate that “A              
          given result at the end of a straight path is not made a different            
          result because reached by following a devious path.”  Minn. Tea Co.           
          v. Helvering, 302 U.S. 609, 613 (1938).  Consequently, we (1)                 
          ignore the indirect route of the individual steps, (2) view the               
          transactions in their entirety, and (3) treat the transaction as              
          one between Comdisco and NEFI.                                                
               Under either the end result test or the interdependence test,            
          courts will ignore a step in a series of transactions if that step            
          does not appreciably affect the taxpayer’s beneficial interest                
          except to reduce his tax.  Del Commercial Props., Inc. v.                     
          Commissioner, 251 F.3d 210 (D.C. Cir. 2001).  There must be a                 
          purpose for each step other than tax avoidance and the purpose                
          cannot be a “facade”.  Id. at 214.  The absence of a valid nontax             





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