Camille D. Sands, et al. - Page 5

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          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;             




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