Harry E. Peaden, Jr. - Page 5




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          lease transaction, Country-Fed executed the certification                   
          required by section 7701(h)(2)(C).3  In each lease transaction,             


          3    Sec. 7701(h)(2) provides:                                              
                    (2) Qualified motor vehicle operating agreement                   
          defined.--For purposes of this subsection--                                 
                         (A) In general.--The term "qualified                         
                    motor vehicle operating agreement" means any                      
                    agreement with respect to a motor vehicle                         
                    (including a trailer) which meets the                             
                    requirements of subparagraphs (B), (C), and                       
                    (D) of this paragraph.                                            
                         (B) Minimum liability of the lessor.--An                     
                    agreement meets the requirements of this subparagraph             
                    if under such agreement the sum of--                              
                              (i) the amount the lessor is                            
                    personally     liable to repay, and                               
                              (ii) the net fair market value of the                   
                         lessor's interest in any property pledged as                 
                         security for property subject to the agreement,              
               equals or exceeds all amounts borrowed to finance                      
                    the acquisition of property subject to the                        
               agreement.  There shall not be taken into account                      
               under clause (ii) any property pledged which is                        
               property subject to the agreement or property                          
               directly or indirectly financed by indebtedness                        
               secured by property subject to the agreement.                          
                         (C) Certification by lessee; notice of tax                   
               ownership.--An agreement meets the requirements of                     
               this subparagraph if such agreement contains a                         
               separate written statement separately signed by                        
               the lessee--                                                           
                              (i) under which the lessee certifies,                   
                         under penalty of perjury, that it intends that               
                         more than 50 percent of the use of the property              
                        subject to such agreement is to be in a                      
                         trade or business of the lessee, and                         
                                                             (continued...)           




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