- 15 - for purposes of section 465(b)(2). Melvin v. Commissioner, 88 T.C. 63, 73 (1987), affd. 894 F.2d 1072 (9th Cir. 1990). Thus, we cannot simultaneously propose a rule that the deferral of debt obligations into the future represents per se an “other similar arrangement” for section 465(b)(4). The presence of deferral provisions, however, is another factor to be considered in deciding whether a taxpayer is protected against loss. See Santulli v. Commissioner, T.C. Memo. 1995-458. The instant transaction is similar to the equipment leasing transaction in Hayes v. Commissioner, T.C. Memo. 1995-151. Hayes involved sale-leaseback transactions by and between the Hambrose Leasing-5 Partnership, Charterhouse, and Hambrose Reserve. As in the instant case, Hayes involved circularity of payments and that partnership's deferral provisions. Applying the realistic probability test in Hayes, we held that the taxpayers were not at risk under section 465(b)(4). We stated the following: Moreover, there were co-extensive provisions for delaying the rental payments and the payment of the purchase price installments for the years 1987 through 1990. Furthermore, the responsibility of M & J, as the general partner of Charterhouse, for the rent payments provided an important assurance that the rents, which would be the source of the payments by the partnership to Hambrose Reserve, would be paid. Id. The ultimate decision whether the taxpayer is protected against loss “rests upon the substance of the transactions in light of all the facts and circumstances.” Wag-A-Bag, Inc. v. Commissioner, T.C. Memo. 1992-581.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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