- 90 - In actuality, Crispin, Koehler, Mallin, petitioner, and others viewed the $4,056,220 Jenrich note and the $10,000 and $1,000 Lexington notes as having no practical economic effect. Their actions evidence that they themselves viewed the notes as merely being part of the paper facade needed to support substantial tax benefits for petitioner. Accordingly, the $4,056,220 Jenrich note and the $10,000 and $1,000 Lexington notes are not considered valid indebtedness for tax purposes. On the basis of the foregoing, we hold that the second lease strip deal lacks economic substance and is not to be respected for tax purposes. See Frank Lyon Co. v. United States, supra; Knetsch v. United States, 364 U.S. at 366; Gregory v. Helvering, 293 U.S. 465 (1935); ACM Pship. v. Commissioner, 157 F.3d at 231; Casebeer v. Commissioner, 909 F.2d at 1363; Nicole Rose Corp. v. Commissioner, 117 T.C. at 336. Clearly, the combination of steps and transactions in the second lease strip deal had no meaningful purpose other than to generate tax benefits. B. Petitioner’s Entitlement to Its Claimed Deductions Because we have held that the second lease strip deal lacked economic substance, it follows that petitioner is not entitled to its claimed rental expense deductions of $414,041 and $237,853 for its taxable years ended November 30, 1996 and 1997, respectively.Page: Previous 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 Next
Last modified: May 25, 2011