Mayer and Ninette Stiskin - Page 4

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          essentially offsetting nature of the various lease and note                 
          payments, resulted in a protection against loss for the limited             
          partners under section 465(b)(4).  Id. at 450-452.  The Court               
          held that the limited partners in the partnership there involved,           
          Tiger Lily, had no real economic liability on the partnership               
          debt, and hence were not "at risk" with regard to the partnership           
          notes.  Therefore, the taxpayers were not entitled to flow-                 
          through deductions on their income tax returns for those years.             
          Id. at 450.  Both Opal Leasing and Tiger Lily were 2 of                     
          approximately 160 partnerships included in the so-called EMC                
          Equipment Leasing Project.  The Commissioner contends that the              
          financial structure of the transaction in Opal Leasing is                   
          factually indistinguishable from the financial structure of the             
          transactions in Thornock for purposes of section 465(b)(4).                 
               Subsequent to the decision in Thornock, this Court decided             
          another case involving equipment leasing, Waters v. Commissioner,           
          T.C. Memo. 1991-462, affd. 978 F.2d 1310 (2d Cir. 1992).  Waters            
          concerned taxpayers who invested in partnerships the financial              
          structures of which were similar to those in Thornock, in that              
          the partnerships used nonrecourse financing, guarantees, and the            
          offsetting of lease and note payments.  This Court held that the            
          taxpayers in Waters were not "at risk" within the meaning of                
          section 465(b)(4) with respect to their investment in the                   
          equipment leasing transaction.  The Second Circuit affirmed,                
          holding that the result was required, as in Thornock, by the                




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