- 21 - and the security interest of the bank. Petitioner then leased the equipment back to the leasing company. With regard to both activities, petitioners claimed deductions for both depreciation and interest on their Federal income tax returns. With regard to both activities, the parties have stipulated: 1. The activity was not a sham. 2. Petitioner had a business purpose in entering the activity. 3. Petitioner's investment in the activity had substance. 4. Petitioner acquired the benefits and burdens of owner- ship in the activity. The parties have further stipulated that petitioners' deductions for depreciation and interest in connection with the activities depend on the extent to which petitioner was "at risk" for each activity within the meaning of section 465. We thus must determine with respect to each activity the extent to which petitioner was at risk.1 1 Respondent has proposed that we find that petitioner was not at risk with respect to petitioner's long-term note issued with respect to each activity (viz, the petitioner computer installment note and the petitioner telecommunications installment note). Respondent has not requested that we find that petitioner lacked risk with respect to the cash and any short-term notes issued with respect to the activities. We assume that respondent concedes that petitioner was at risk with respect to such cash and short-term notes as of the beginning of the activity here in question, and we will not further address such items.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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