- 21 - 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 thatPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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