- 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
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