Legal Authority

for Installment Sales from A Value Added Dealer 

Establishing More Economic Substance than Existed in Public Companies' Transactions

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Sample Cases

Sellers Are Already Selling Their Asset “There is a material difference between structuring a transaction in a particular way to provide a tax benefit (which is legitimate), and creating a transaction without a business purpose, in order to create a tax benefit (which is illegitimate). Coltec, 454 F.3d at 1357.
“A taxpayer’s subjective intent to avoid taxes . . . will not by itself determine whether there is a business purpose for the transaction.” IES, 253 F.3d at 355.
“[I]t is also well established that where a transaction objectively affects the taxpayer’s net economic position, legal relations, or non-tax business interests, it will not be disregarded merely because it was motivated by tax considerations.” ACM, 157 F.3d at 248 n.31.

Public Companies' Installment Sale Transaction - Background

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