- 60 - purported section 351 transaction by CFP to CFX Financial (a subsidiary of CFX) of (a) the wraparound lease position and (b) the equipment purchase installment note or payment rights. In the second lease strip deal, in which petitioner was the customer/taxpayer, similar transactions were employed including “taxable sale”-leaseback transactions and a rent strip sale involving the Iowa Tribe, a tax-indifferent party, to generate deductions disproportionately larger than petitioner’s economic investment in that deal. Unlike the beneficiary of the first lease strip deal, petitioner did not retain the over lease wraparound lease position for the entire life of the lease. Instead, petitioner disposed of its over lease position and the accompanying equipment installment note in a series of three transactions during a 21-month period from November 27, 1995, through September 1, 1997. Normally, in lease strip deals structured by petitioner, the tax benefits customer was wholly unrelated to petitioner. In the second deal, however, petitioner was the tax benefits customer that claimed the deductions from the lease strip deal with respect to the same K-Mart and Shared equipment. After arranging the first lease strip deal for CFX, petitioner reconfigured, refined, and reused the ownership of the K-Mart and Shared equipment, the K-Mart and Shared end-user leases, and the master lease to create a second lease strip deal and the over leasePage: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
Last modified: May 25, 2011