Robert L. Whitmire - Page 2

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                                       OPINION                                         

               SWIFT, Judge:  This matter is before the Court on the                   
          parties’ cross-motions for partial summary judgment.  Rule                   
          121(b).  This is a test case, and the motions for partial summary            
          judgment raise an issue that will affect the outcome of other                
          cases.                                                                       
               These cross-motions raise the general question of whether               
          petitioner is to be regarded as at risk within the meaning of                
          section 465 with regard to partnership debt obligations                      
          associated with a computer equipment leasing transaction.  More              
          specifically, these motions raise the question as to whether,                
          notwithstanding the recourse nature of a third-party bank loan,              
          certain guaranties, commitments, suspension and setoff                       
          provisions, and matching payments, among other features of the               
          transaction, should be treated as protecting petitioner against              
          any realistic possibility of realizing a loss on the transaction.            
               For 1980, respondent determined a deficiency in petitioner's            
          Federal income tax in the amount of $21,399.                                 
               Unless otherwise indicated, all section references are to               
          the Internal Revenue Code of 1954 as in effect for the year in               
          issue, and all Rule references are to the Tax Court Rules of                 
          Practice and Procedure.                                                      
               When the petition was filed, petitioner resided in Marina               
          Del Ray, California.                                                         





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