Reddam v. CIR

The Commissioner disallowed petitioner's claimed deduction on his 1999 tax return for a capital loss purportedly generated by several Cayman Islands entities. Petitioner invested in an Offshore Portfolio Investment Strategy (OPIS) in order to reduce the tax liability associated with petitioner's strategy of either taking his company, DiTech, public or selling it. The Tax Court affirmed. Applying the economic substance doctrine, the court concluded that the record amply supported the Tax Court's factual conclusion that petitioner pursued the OPIS product solely for its tax benefits and that the Tax Court had ample record support for its factual conclusion that the OPIS transaction had no practical economic effects other than the creation of income tax losses. Accordingly, the court affirmed the judgment of the district court. View "Reddam v. CIR" on Justia Law