William and Arlene G. Kingston - Page 26

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            Sixth Circuit held that, under the "worst-case scenario"                                  
            standard, neither the existence of an indemnification clause in                           
            the taxpayer's purchase agreement nor the nonrecourse nature of                           
            the note to the original purchaser of the equipment protected the                         
            taxpayer from loss within the meaning of section 465(b)(4).                               
            Respondent has failed to present facts in this case that would                            
            distinguish the transaction in the instant case from those in                             
            Emershaw v. Commissioner, supra, and Martuccio v. Commissioner,                           
            supra.  Therefore, the reasoning applied, and results reached in                          
            those cases equally apply to the instant case.                                            
                  On this record, under the standards prescribed by the Court                         
            of Appeals for the Sixth Circuit, the Court here holds that                               
            petitioner is not "protected from loss" within the meaning of                             
            section 465(b)(4).  Petitioners are, therefore, entitled to the                           
            loss and investment interest expense deductions claimed on their                          
            1985 and 1986 Federal income tax returns.  Petitioners are                                
            sustained on this issue.                                                                  
            Additions                                                                                 
                  The remaining issue is whether petitioners are liable for                           
            the additions to tax under sections 6653(a) and 6661(a), and the                          
            increased interest under section 6621(c), for each of the years                           
            in question.  Since the Court holds for petitioners on the at                             
            risk issue, there exists no underpayment to which the additions                           







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