Richard Santulli and Virginia Santulli - Page 21

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          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.                                                                 






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