- 70 - 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/orPage: Previous 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 Next
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