- 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.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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