- 18 - In an attempt to distinguish the instant case from Thornock v. Commissioner, supra, and other similarly decided cases, petitioner emphasizes the recourse nature, under New York law, of the underlying third-party secured loan of MHLC. Petitioner describes various scenarios under which petitioner alleges that there would exist a realistic possibility that petitioner ultimately would be required to make actual payments on the partnership loan if MHLC, the third-party creditor, pursued collection from F/S Computer, F.S. Venture, or from Petunia. Petitioner argues that, primarily because of the recourse nature of the Alanthus promissory note to MHLC, petitioner was not insulated from liability on Petunia’s debt obligations. Petitioner further argues that section 465(b)(4) should not apply to rent guaranties. We disagree with each of petitioner’s arguments. Analyzing the substance of the equipment leasing transaction before us, we conclude that petitioner and the other limited partners of Petunia are not to be treated as at risk under section 465 with respect to the debt obligations of Petunia. The limited partners of Petunia were protected from any realistic possibility of economic loss on this transaction. 5 (...continued) collateral are applied to the outstanding debt], and, unless otherwise agreed, the debtor is liable for any deficiency. * * *Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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