- 13 - Respondent does not contend that petitioners were protected by guaranties or stop loss agreements, but rather by nonrecourse financing and “other similar arrangements”. When analyzing a transaction under section 465(b)(4), we use the “realistic possibility” or “economic reality” test set forth in American Principals Leasing Corp. v. United States, 904 F.2d 477, 483 (9th Cir. 1990) (sometimes cited as Baldwin v. United States), and approved by this Court in Levien v. Commissioner, 103 T.C. 120, 126 (1994), affd. without published opinion 77 F.3d 497 (11th Cir. 1996). This test asks "whether there is any realistic possibility that the taxpayer ultimately will be subject to economic loss on the investment at issue." Levien v. Commissioner, supra at 126. In applying this standard, we are guided by the substance of the transaction, not its form. Id. at 129. We look not to any single factor, id. at 127, but to whether the combination of factors and characteristics of the transaction rises to the level of an “other similar arrangement” with the effect of protecting petitioners against risk. Unfortunately in this case, both parties have had to deal with a lack of documentation. We find, however, no significant difference between the facts of this case and those of Estate of Bradley v. Commissioner, T.C. Memo. 1997-341 (concerning a partner in the Hambrose Leasing 1984-5 partnership).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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