- 16 - First Lease was terminated upon the express condition that petitioner finance the replacement equipment with ICC indicate that the termination of the First Lease and the initiation of the Second Lease were integrated, not isolated, events. So also, the Term Lease Supplement covering the replacement equipment carries out the Agreement by providing that the rollover charge is financed by being paid with interest over the term of the Second Lease by a series of level payments along with the rental payments under the Second Lease for the replacement equipment. The rollover charge is therefore properly viewed as a cost of entering into the Second Lease and not merely as an isolated fee for terminating the First Lease. Because the termination of the First Lease and the initiation of the Second Lease were integrated events, the obligation to pay the rollover charge was incurred by petitioner not only to terminate the First Lease but more importantly, as Mr. Egan explains, to obtain a larger capacity computer; that is, to replace the equipment covered by the First Lease with equipment covered by the Second Lease. Petitioner’s incurring the obligation to pay the rollover charge therefore is properly characterized as a cost of petitioner's realization of future benefits provided by the Second Lease. Petitioner's attempt to isolate the rollover charge, as only relating to the First Lease and not providing any future benefits, ignores the integrated character of the termination ofPage: 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