- 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
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