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 112




                                        - 93 -                                          
          no greater than $10,616,524 and for the early termination dates was           
          no greater than $25,626,591.                                                  
               The projected balance due on the balloon notes at the end of             
          the full term of the lease was $20,335,186, and at the early                  
          termination date the projected balance was $25,582,611.                       
          Consequently, RD Leasing had no realistic potential to recover its            
          investment or to earn a pretax profit.                                        
               In sum, we conclude that under the objective economic                    
          substance test, the leveraged sale-leaseback transaction involved             
          herein had no reasonable opportunity for economic profit.  We now             
          turn our attention to whether RD Leasing/Norwest was motivated by             
          any business purpose apart from obtaining tax benefits.                       
                         c.    RD Leasing/Norwest Was Not Motivated by Any              
                         Business Purpose Other Than Obtaining Tax Benefits             
               The proper inquiry for the business purpose test is “whether             
          the taxpayer was induced to commit capital for reasons only                   
          relating to tax considerations or whether a non-tax motive, or                
          legitimate profit motive, was involved.”  Shriver v. Commissioner,            
          899 F.2d at 726.  In other words, the business purpose test is a              
          subjective economic substance test.  In making a “subjective                  
          analysis of the taxpayer’s intent”, we review such factors as the             
          depth and accuracy of the taxpayer’s investigation into the                   
          investment.  Id.  To the extent the taxpayer’s subjective intent is           
          material, we also consider factors that are arguably relevant to              
          the inquiry.                                                                  






Page:  Previous  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  101  102  Next

Last modified: May 25, 2011