- 53 - 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.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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