- 24 - contentions that the partnerships were organized and operated to achieve nontax business purposes. Saba I, slip op. at 112-117, 78 T.C.M. (CCH) 684, 718-719, 1999 T.C.M. (RIA) 99,359, 2272- 2274. For the same reasons that we recited in Saba I, we reject petitioner’s contentions that the partnerships were organized and operated to achieve nontax business purposes. Contrary to petitioner’s position, we have not substituted our own judgment for that of Brunswick’s corporate officers. We have simply rejected their testimony as being both self-serving and unsupported by the record as a whole. We likewise are not persuaded that the partnerships’ relatively modest profits from their short-term investments, including commercial paper, demonstrate that the partnerships were operated for a nontax business purpose. To borrow again from the Court of Appeals’ analysis in ASA Investerings Pship. v. Commissioner, 201 F.3d at 516, we observe that the partnerships could have realized profits from any number of investment strategies at far lower transaction costs than were incurred implementing Merrill Lynch’s tax shelter. Further, even under the most generous assumptions, any expected profits from the partnerships’ investments paled in comparison to the approximately $170 million of capital losses that the partnerships were designed to generate for Brunswick. Saba I, slip op. at 126-127. The minimal business activity thatPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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