5 taken by Lone Star should be disallowed. Respondent determined deficiencies as to Heller and Murphy for the taxable year 1989 on the theory that Lone Star recognized income when it was released from a debt obligation. A. Background In 1983, Murphy represented Micro-Bio (Ireland) Ltd. (Micro- Bio), a corporation formed under the laws of Ireland, in the acquisition of a chlor-alkali system, a system which produces chlorine. Murphy traveled to Arizona with Micro-Bio executives to see a chlor-alkali system in use. Micro-Bio executives liked what they saw and decided to purchase a chlor-alkali system from Eltech, Ltd. (Eltech), the manufacturer of the chlor-alkali system. On August 8, 1983, Micro-Bio entered into a letter agreement with Eltech in which Micro-Bio agreed to purchase the chlor- alkali system. The relevant terms of the letter agreement include the following: (1) A lease period of 5 years with interest calculated on the complete contract amount from the shipment date of the equipment; (2) payments were to commence 30 days after plant startup and were to continue for 59 consecutive months; (3) the equipment passed to Micro-Bio after the 5-year lease period; (4) the equipment remained the property of Eltech at all times throughout the 5-year lease period; (5) Micro-Bio had the option to obtain a third-party lease or financing subject to Eltech's approval; (6) Micro-Bio would insure the equipment;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011