Estate of Jack L. Bradley, Deceased, John S. Bradley, Successor Executor, C.T.A. - Page 18

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          and (4) the notices of deficiency were mailed within one year               
          thereafter, on June 23, 1995.                                               
          At-Risk                                                                     
               We must now decide whether decedent was at risk for his                
          assumed liability in the context of the sale-leaseback                      
          transactions.  Because respondent first raised the at-risk issue            
          in the answer, respondent bears the burden of proof, and so                 
          concedes on brief.                                                          
               Section 465(a) provides that deductions with respect to the            
          type of leasing activity represented by this case are only                  
          allowable to the extent of the amount for which the taxpayer is             
          at risk.  Generally, a taxpayer will, subject to the exception in           
          section 465(b)(4), discussed below, be considered at risk for the           
          amount of any cash investment.  Sec. 465(b)(1)(A).  Also, a                 
          taxpayer will be considered at risk for the amounts borrowed with           
          respect to the activity, to the extent that the taxpayer is                 
          personally liable for the repayment of such amounts.  Sec.                  
          465(b)(2)(A).                                                               
               Respondent concedes that the partnership's transaction had a           
          business purpose with economic substance, was engaged in for                
          profit, and that the partnership's equipment was correctly                  


               8(...continued)                                                        
          Frontenac, Inc. v. United States, 868 F.2d 420 (11th Cir. 1989);            
          Security Indus. Ins. Co. v. United States, 830 F.2d 581 (5th Cir.           
          1987) (all cited in Ripley v. Commissioner, 105 T.C. 358, 362               
          (1995), revd. on other grounds 103 F.3d 332 (4th Cir. 1996)).               




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