Hubert Enterprises, Inc. and Subsidiaries, et al. - Page 46

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          Instead, we find in the record that the primary purpose of HEI’s            
          transfers to ALSL, an entity controlled by the same individuals             
          who controlled HEI, was to benefit those individuals, see Sammons           
          v. Commissioner, 472 F.2d 449, 451, 456 (5th Cir. 1972), affg. in           
          part, revg. in part on another ground T.C. Memo. 1971-145; Wilkof           
          v. Commissioner, T.C. Memo. 1978-496, affd. 636 F.2d 1139 (6th              
          Cir. 1981); McLemore v. Commissioner, T.C. Memo. 1973-59, affd.             
          494 F.2d 1350 (6th Cir. 1974), and was without regard to any                
          business purpose or benefit to HEI.8                                        
          II.  Losses From Equipment Leasing Activities                               
               A.  Overview                                                           
               During the relevant years, petitioners were connected with             
          the following leasing activities:  (1) In 1991, Printographics              
          began the activity concerning the 1991 Rapistan conveyor system;            
          (2) in 1995, Printographics began the activity concerning the               
          1995 computer system; (3) in 1998, LCL began the activities                 
          concerning the 1998 Amtel equipment; (4) in 1999, LCL began the             
          activity concerning the 1999 blisk equipment; (5) in 2000, LCL              
          began the activities concerning the 2000 computer equipment and             
          the 2000 RFC equipment.                                                     


               8 We need not and do not decide whether the transfers were             
          in fact dividends to HEI’s nonparty shareholder.  For even if               
          they were not, HEI could not deduct the outlay made primarily for           
          the benefit of its shareholder rather than for a business or                
          investment purpose of its own.  See Hood v. Commissioner,                   
          115 T.C. 172, 179 (2000).                                                   





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