- 80 - business purpose is fatal. Id. After reviewing Comdisco’s equipment leasing concept, see supra pp. 10-12, and the economic effect of the transaction, we conclude that the insertion of Andantech into the sale-leaseback transaction involved herein served no valid nontax business purpose and was devoid of any economic substance. Regardless of which test is used under the step transaction doctrine, the facts in this case require us to reach the same result. If the sole purpose of a transaction with a foreign entity “is to dodge U.S. taxes, the treaty cannot shield the taxpayer from the fatality of the step-transaction doctrine. For a taxpayer to enjoy the treaty’s tax benefits, the transaction must have a sufficient business or economic purpose.” Del Commercial Props., Inc. v. Commissioner, supra at 213-214; see also Gaw v. Commissioner, T.C. Memo. 1995-531, affd. without published opinion 111 F.3d 962 (D.C. Cir. 1997). The foreign entity must serve a role with a sufficient business or economic purpose to overcome the conduit nature of the transaction. Del Commercial Prop., Inc. v. Commissioner, supra at 215. In this case, the creation of Andantech-Foreign did not appreciably affect Norwest’s interests in the sale-leaseback arrangement, except to reduce its U.S. tax. Andantech-Foreign’s sole purpose was to enable Norwest to obtain the benefits of an exemption established by treaty for income attributable to the sale of the Comdisco rents. And a tax-avoidance motive standing byPage: Previous 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 Next
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