-229- In the Second Circuit, the prearranged plan need not be legally binding but must at least constitute an informal agreement or understanding between the parties. Greene v. United States, supra at 583; Blake v. Commissioner, 697 F.2d 473, 478-479 (2d Cir. 1982), affg. T.C. Memo. 1981-579. Under the “interdependence” test, the step transaction doctrine will be invoked where the steps in a series of transactions are so interdependent that the legal relations created by one transaction would have been fruitless without a completion of the series. Am. Bantam Car Co. v. Commissioner, 11 T.C. 397, 405 (1948), affd. 177 F.2d 513 (3d Cir. 1949). We must determine whether the individual steps had independent significance or whether they had significance only as part of a larger transaction. Greene v. United States, supra at 584; Penrod v. Commissioner, supra at 1430. In making this determination, we rely on a reasonable interpretation of objective facts. King Enters., Inc. v. United States, 189 Ct. Cl. 466, 418 F.2d 511, 516 (1969); Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 199 (1989). B. Parties’ Arguments Invoking the “end result” test, respondent argues that Generale Bank’s and CLIS’s contributions of the high-basis, low- value receivables and SMHC stock to SMP, and Somerville S Trust’s purchase of Generale Bank’s and CLIS’s preferred interests werePage: Previous 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 Next
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