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" ... Next, the court reviewed the parties' options at the end of the sublease terms and found that there was a “reasonable likelihood” that the lessees would each exercise its purchase option, meaning Exelon's profit was fixed at the onset of each transaction, and thus Exelon did not acquire any benefits or burdens of ownership. The court rejected Exelon's reliance on the properties' residual values to establish genuine ownership. In particular, the court, agreeing with the government's expert, found that Deloitte's appraisals of the future fair market value of the plants at the end of the sublease terms were too low. As a result, it rejected Exelon's argument that the sublessees were not “economically compelled” to exercise the purchase option. ... "