- 2 - 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.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