Charles R. Bowden and Sue I. Bowden - Page 23

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                  Petitioners argue that those security interests provide them                         
            with an ownership interest in the vending machines.  Generally, a                          
            security interest is not equivalent to a capital investment.                               
            Helvering v. F. & R. Lazarus & Co., supra; see Cal. Com. Code                              
            sec. 1201(37)(a).  The security interests provided petitioners                             
            with an interest in property designed to secure the payment or                             
            performance of an obligation.  A security interest does not,                               
            without further action, transfer title or an ownership interest                            
            in property.  Moreover, the assignment or release of a security                            
            interest eliminates the secured party's ability (in this case the                          
            financial institutions) to take possession of the property in the                          
            event of default.  Additionally, a security interest is not the                            
            equivalent of “cash or other property” used to acquire the                                 
            property.12  See sec. 1.1012-1(a), Income Tax Regs.                                        
                  The transfer of the Crestwood property to Prudential Bancorp                         
            pursuant to the settlement agreement did not create a capital                              
            investment in the vending machines.  Instead, it resulted in an                            
            exchange or sale of that property, as discussed infra pp. 30-33.                           
            Prudential Bancorp received the Crestwood property in exchange                             


                  11(...continued)                                                                     
            agreements, petitioners provided property or funds in exchange                             
            for the assignment of security interests in the vending machines.                          
                  12 This would be so even though, as part of the settlement                           
            agreements in which petitioners received assignment of the                                 
            security interests, they did give cash or property to the                                  
            financial institutions.                                                                    




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