- 3 - On May 26, 1995, respondent timely issued two affected item statutory notices of deficiency to petitioners in which respondent disallowed the claimed deductions with respect to the partnership.2 This case involves two sale-leaseback transactions among the following entities: the partnership, which engaged in the equipment leasing business; Charterhouse Leasing Associates Limited Partnership (Charterhouse); Hambrose Reserve Ltd. (Hambrose); M&J Holding Corp. (M&J), the sole shareholder of Hambrose and the general partner of Charterhouse; CIS Leasing Corp. (CIS); and Comdisco, Inc. (Comdisco). The Sale-Leaseback Transactions The partnership's leasing transaction involves the sale and leaseback of various computer equipment that it purchased in 1985 from Hambrose. Hambrose initially purchased the equipment from Charterhouse. Charterhouse purchased the equipment from CIS and Comdisco, the original purchasers of the equipment. CIS and Comdisco purchased the equipment with financing provided by various third-party lenders and subsequently leased the equipment 2 Although the parties stipulated to the timely filing of the notices, petitioners seem to argue that it is unfair that notice was not given sooner. However, it is clear that respondent complied with the statute and that the notices were timely under sec. 6229(a) and (d) because (1) there was a Final Partnership Administrative Adjustment (FPAA) issued to the partnership, (2) a proceeding was instituted in this Court based on that FPAA, (3) that proceeding was decided on Aug. 3, 1994, and became final on Nov. 1, 1994, and (4) the notices of deficiency were mailed within 1 year thereafter on May 26, 1995.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011