- 23 - deduction and defer recognition by Petitioner of a currency exchange gain.” Respondent further contends that the CIC/CIHI transaction should be restructured because it had no objective economic consequences. Respondent concedes that his economic substance contention is a new matter and, as a result, he bears the burden of proof. We conclude that respondent has failed to carry his burden and that the economic substance doctrine is inapplicable. In determining whether the CIC/CIHI transaction has sufficient economic substance for tax purposes, the Court must consider both the objective economic substance and the subjective business motivation behind the transaction. See IRS v. CM Holdings, Inc., 301 F.3d 96, 102-103 (3d Cir. 2002). If the transaction has no substance other than to create deductions, it must be disregarded for tax purposes. See United States v. Wexler, 31 F.3d 117, 122 (3d Cir. 1994). There is no credible evidence that the Holding/CIC and CIC/CIHI transactions were designed solely for the reduction of taxes or that the above-market interest rate alone would have precluded an arm’s-length party from entering into a similar transaction. Indeed, petitioners had independent and legitimate business purposes for the CIC/CIHI transaction. As previously discussed in section II.A.2, Carlton decided to fund a portion of the RSA and Cinema Media, Ltd. acquisition with funds from CIHIPage: 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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