- 85 - interests was de minimis or nonexistent. We hold that, as of September 28, 1995, petitioner’s residual lease interests had minimal or no fair market value. c. Petitioner’s Lease Strip Deal’s Economic Profit Potential As of September 28, 1995, the K-Mart and Shared equipment would have had no estimated residual value, and the fair market value of the residual lease interests was nominal or zero. In addition, the second lease strip deal, aside from potential tax benefits, lacked any demonstrable objective, practical, economic profit potential. Accordingly, we hold that petitioner’s second lease strip deal fails to meet the second prong of our inquiry into its economic substance. See ACM Pship. v. Commissioner, 157 F.3d at 246-248; Casebeer v. Commissioner, 909 F.2d at 1363. Because of our holding, it is unnecessary to address petitioner’s argument that rental income should not be discounted to present value in valuing the lease strip deal profit potential. See ACM Pship. v. Commissioner, 157 F.3d at 259-260 (agreeing on this point with T.C. Memo. 1997-115). In addition, there is no need to address respondent’s argument that modest or inconsequential profits relative to petitioner’s claimed substantial potential tax benefits are insufficient to imbue an otherwise questionable second lease strip deal with economic substance. See id. at 258; Sheldon v. Commissioner, 94 T.C. at 767-768.Page: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Next
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