Estate of Jack L. Bradley, Deceased, John S. Bradley, Successor Executor, C.T.A. - Page 23

                                       - 23 -                                         
          holding that the taxpayer was not at risk for purposes of section           
          465(b)(4), we found that the differences between that case and              
          the other cases applying the "economic reality" standard were               
          simply window dressing.  See Hayes v. Commissioner, supra; Moser            
          v. Commissioner, T.C. Memo. 1989-142, affd. 914 F.2d 1040 (8th              
          Cir. 1990).  We see the facts of this case similarly.  While one            
          could certainly distinguish the instant case on certain points              
          from many of the cases cited by the parties,10 we do not, in the            
          final analysis, find it sufficiently distinguishable, so that we            
          could find that decedent was at risk for the amounts of assumed             
          indebtedness.                                                               
               Petitioner points out that the decisions supporting                    
          respondent's position herein, including those which we have cited           
          and many others, have been decided on the basis of the taxpayers'           
          failure to carry their burden of proof that they were at risk and           
          do not hold that the taxpayers were not at risk.  On this ground,           
          petitioner argues that those decisions are not sufficient to                
          permit us to conclude herein that respondent has carried the                
          burden of proving that the decedent was not at risk in respect of           
          his share of the partnership obligations which he assumed.                  


               10  In particular, we find many cases where this Court has             
          held for the taxpayer on the at-risk issue in similar                       
          transactions unhelpful because the Court used a "worst case                 
          scenario" standard instead of the "realistic possibility"                   
          standard now used by this Court.  See Levy v. Commissioner, 91              
          T.C. 838 (1988); Emershaw v. Commissioner, T.C. Memo. 1990-246,             
          affd. 949 F.2d 841 (6th Cir. 1991); Brady v. Commissioner, T.C.             
          Memo. 1990-626.                                                             




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

Last modified: May 25, 2011