CMA Consolidated, Inc. & Subsidiaries, Inc. - Page 104

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               On the basis of the foregoing, we hold that petitioner did             
          not have a pretax profit motive.  We also hold that petitioner              
          had no valid nontax business purpose for entering into the second           
          lease strip deal.  See Casebeer v. Commissioner, 909 F.2d at                
          1363-1364; Nicole Rose Corp. v. Commissioner, 117 T.C. at 336-              
          338; ACM Pship. v. Commissioner, T.C. Memo. 1997-115.                       
          5.  Whether Petitioner’s Lease Strip Deal Had Economic                      
          Profit Potential Aside From the Tax Benefits                                
                                                                                     
               We now turn to the second prong of our inquiry involving an            
          objective inquiry into the economic effect of the series of                 
          transactions and whether it appreciably affected petitioner’s               
          beneficial economic interest, aside from potential tax benefits.            
          See ACM Pship. v. Commissioner, 157 F.3d at 246-248; Casebeer v.            
          Commissioner, supra at 1363.                                                
               In this inquiry, we examine the potential for economic                 
          profit from petitioner’s over lease residual interests in the               
          K-Mart and Shared equipment.  As discussed above, there were no             
          over lease residual interests because the over lease agreement              
          expired on the same date as the master lease.  Even assuming that           
          petitioner had acquired some over lease residual interests in               
          that equipment, those interests had no residual value and/or                
          little if any potential for rental income.  A September 28, 1995,           
          forecast respecting the residual interests would have revealed              
          that, by the time the residual interest periods began, there                
          would have been:  (1) No residual value for that equipment and/or           





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