- 65 - Mart equipment, and (2) from August 31, 1995, through February 28, 2002, in the case of the Shared equipment. Petitioner did not offer a reasonable explanation as to why it was necessary for CMACM (petitioner’s subsidiary and affiliate) to acquire petitioner’s purported over lease residual interests in the K-Mart and Shared equipment, and for CMACM, pursuant to the purported section 351 transfer from CAP, to acquire and/or assume (1) the rental payment obligation for the entire life of the over lease and (2) the Jenrich equipment purchase installment note. In that regard, there appears to have been no concern on petitioner’s part in structuring this second lease strip deal about Jenrich’s questionable financial condition and ability to make payments on the installment note. Ultimately, any note installments paid by Jenrich and over lease rental payments by CMACM would be completely offset so that no cash payments would have to be made by CMACM or by Jenrich. In the first lease strip deal for CFX, petitioner had a business purpose and profit motive; viz, obtaining a fee of more than $611,000 for arranging the lease strip deal for CFX. Petitioner, however, has not shown any credible business purpose for its involvement in the second lease strip deal other than its intent to claim $4.2 million in tax benefits. The second lease strip deal was structured to strip out the equipment rental income and reallocate it to the tax-indifferent Iowa Tribe inPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
Last modified: May 25, 2011