CMA Consolidated, Inc. & Subsidiaries, Inc. - Page 87

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          entitlement to a $2,052,900 ordinary loss and a $1,859,135                  
          business bad debt deduction for 1997 with respect to advances to            
          Cap Corp.; (3) $2 million of the NSI consulting fee and (a)                 
          whether it is includable in petitioner’s 1997 income, and (b) if            
          it is includable in income, whether petitioner is entitled to a             
          $2 million business deduction for 1997; (4) petitioner’s                    
          entitlement to a $76,705 business bad debt deduction for 1996               
          concerning loans to Koehler; and (5) whether petitioner is liable           
          for penalties under section 6662.                                           
          I.   Petitioner’s Second Lease Strip Deal                                   
               Petitioner arranged lease strip deals using tax-indifferent            
          parties and series of complex multiparty transactions to secure             
          substantial tax benefits exponentially larger than taxpayers’               
          economic investments in the deals.  The parties’ arguments                  
          concerning these deals involve questions of substance versus                
          form.  Petitioner relies on the form of the  transactions, and              
          respondent relies on the substance.  Specifically, respondent               
          contends that petitioner’s second lease strip deal lacks economic           
          substance and should not be respected for tax purposes.                     
          Alternatively, respondent contends that petitioner’s claimed                
          rental expenses and note disposition losses are neither ordinary            
          and necessary business expenses under section 162 nor otherwise             
          deductible losses under section 165.                                        








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