-120- considerations, and is not shaped solely by tax-avoidance features that have meaningless labels attached”. See Newman v. Commissioner, 902 F.2d 159, 163-164 (2d Cir. 1990) (analyzing each of these factors), vacating and remanding T.C. Memo. 1988- 547. Courts have construed this language to involve a consideration of two related factors, the subjective business purpose and objective economic substance of the transaction. See, e.g., Lerman v. Commissioner, 939 F.2d 44, 53-54 (3d Cir. 1991), affg. Fox v. Commissioner, T.C. Memo. 1988-570; Casebeer v. Commissioner, 909 F.2d 1360, 1363 (9th Cir. 1990), affg. in part, revg. in part, and remanding on another ground 89 T.C. 1229 (1987); Kirchman v. Commissioner, 862 F.2d 1486, 1492 (11th Cir. 1989), affg. Glass v. Commissioner, 87 T.C. 1087 (1986); Rice’s Toyota World, Inc. v. Commissioner, 752 F.2d 89, 91, 94 (4th Cir. 1985), affg. in part, revg. in part, and remanding on another ground 81 T.C. 184 (1983); Winn-Dixie Stores, Inc. & Subs. v. Commissioner, 113 T.C. 254, 279-280 (1999), affd. 254 F.3d 1313 (11th Cir. 2001). C. Summary of Conclusions On the basis of all the evidence in the record, we conclude that the transaction whereby the banks purported to become partners in SMP, only to exit some 3 weeks later, was not in substance what it appeared to be in form. The exclusive purpose of this apparent transaction, we conclude, was to transfer to thePage: Previous 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 Next
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