Estate of Jack L. Bradley, Deceased, John S. Bradley, Successor Executor, C.T.A. - Page 21

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               We next look to see whether there were other elements of the           
          transactions which protected decedent against loss.  We note                
          initially that respondent's argument that the financial solvency            
          and good credit rating of the various parties to the transaction            
          made decedent less at risk was specifically rejected in Gefen v.            
          Commissioner, 87 T.C. 1471 (1986).                                          
               Respondent next emphasizes the circular nature of the                  
          payments--the partnership's debt payments were exactly offset by            
          the rental payments it received from Hambrose.  This circularity            
          is set forth in the stipulation and the stipulated documents as             
          well as the POM.  As we have previously held, circular payments             
          do not per se constitute "other similar arrangements" for                   
          purposes of section 465(b)(4).  Krause v. Commissioner, 92 T.C.             
          1003, 1024 (1989).  Nevertheless, they are a factor to be                   
          considered.  Levien v. Commissioner, 103 T.C. at 126.                       
               Respondent also contends that the deferral provisions                  
          operated to protect decedent against loss.  The sale or re-                 
          leasing of the equipment at the end of the transactions, which              
          could have provided funds to satisfy deferred liabilities, was              
          viewed as a significant source of return on the investment.  It             
          is clear that debt obligations payable in the future are included           
          in the amount for a which a partner is considered personally                
          liable for purposes of section 465(b)(2).  Melvin v.                        
          Commissioner, 88 T.C. 63, 73 (1987), affd. 894 F.2d 1072 (9th               
          Cir. 1990).  Thus, we cannot simultaneously propose a rule that             




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