Corbin West Ltd. Partnership, CDC Equity Corp., Tax Matters Partner - Page 15




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          IV.  "No Negative Cash Flow Guarantee Fee"                                  
               Corbin West paid CDC a fee that it labeled a "no negative              
          cash flow guarantee fee" in the amount of $53,000.  In exchange             
          for this fee, CDC agreed to make loans to Corbin West in any                
          amount up to $250,000 to fund any operating deficits through                
          December 31, 1995.  Corbin West capitalized this fee and deducted           
          amortization expense related to this fee during the years in                
          issue.  In the FPAA's, respondent disallowed the amortization               
          expense deduction related to this fee.                                      
               Petitioner provides no explanation for its treatment of this           
          item and fails to cite any Code section or other authority that             
          would allow its capitalization and amortization of this fee.                
          Rule 142(a); New Colonial Ice Co. v. Helvering, supra.  We                  
          therefore conclude that Corbin West is not entitled to any                  
          deductions associated with this fee.                                        
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             under Rule 155.                          
















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