CMA Consolidated, Inc. & Subsidiaries, Inc. - Page 91

                                       - 57 -                                         
          Hines v. United States, 912 F.2d 736, 741 (4th Cir. 1990).  De              
          minimis or inconsequential pretax profits relative to a                     
          taxpayer’s artificially and grossly inflated claim of potential             
          tax benefits may be insufficient to imbue an otherwise                      
          economically questionable transaction with economic substance.              
          ACM Pship. v. Commissioner, 157 F.3d at 257; Sheldon v.                     
          Commissioner, 94 T.C. 738, 767-768 (1990).                                  
               2.  Background and Recapitulation of the Two Lease                     
          Strip Transactions                                                          
                                                                                     
               Petitioner is a privately held corporation owned and                   
          controlled by Crispin, its 98-percent shareholder and ultimate              
          decision maker.  Petitioner was generally involved in equipment             
          leasing transactions and helping to structure the financing of              
          equipment, including the arranging of lease strip deals.  Through           
          the maneuvering of certain equipment and existing leases through            
          a preconceived series of transactions using several entities,               
          rental income and related rental expenses are bifurcated and                
          reallocated to different parties.  Virtually all of the rental              
          income is stripped out and allocated to a tax-indifferent party             
          in order to provide a disproportionately large share of tax                 
          benefits (deductions) to a taxpayer.  In addition, the character            
          of the income may be changed; i.e., capital gains are converted             
          to ordinary income or vice versa.  By late 1994, petitioner had             
          extensive experience in arranging lease strip deals.                        







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