Richard Santulli and Virginia Santulli - Page 22

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               B.  Section 465                                                        
               Section 465 limits losses allowable to an individual in                
          connection with certain activities, including the leasing of                
          depreciable property, to the amount that the individual is at               
          risk with respect to the activity at yearend.  See sec. 465                 
          (a)(1), (c)(1)(C).  Respondent contends that, with respect to the           
          long-term notes issued by petitioner in connection with both the            
          computer equipment activity and the telecommunications equipment            
          activity (viz, the petitioner computer installment note and the             
          petitioner telecommunications installment note, respectively                
          (together, the installment notes)), petitioner was not at risk              
          because he was protected against loss within the meaning of                 
          section 465(b)(4).2                                                         
               Section 465(b)(4) provides:                                            
               Exception.--Notwithstanding any other provision of this                
               section, a taxpayer shall not be considered at risk                    
               with respect to amounts protected against loss through                 
               nonrecourse financing, guarantees, stop loss                           
               agreements, or other similar arrangements.                             
          In determining whether a taxpayer is protected against loss                 
          within the meaning of section 465(b)(4), we look to see whether             


          2    Additionally, respondent argues that petitioner is not at              
          risk because he is not personally liable on the installment notes           
          (see sec. 465(b)(1) and (2)) and, with respect to the computer              
          installment note, petitioner is indebted to a party with an                 
          interest in the activity (Sha-Li) other than as a creditor (see             
          sec. 465(b)(3)).  Respondent would disregard the existence of               
          Proz.  Since we agree that petitioner was protected against loss            
          within the meaning of sec. 465(b)(4), we need not address                   
          respondent's additional arguments.                                          




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