- 472 - claim that the transactions had economic substance and were not shams for Federal tax purposes. No evidence was introduced by IRA to corroborate the financial substance of the equipment leasing transactions, such as a record of rental payments received by IRA, payments made by IRA on the long-term notes, payments received by IRA on succeeding leases, and final disposition of the equipment. In none of the equipment leasing deals entered into by IRA did the cash-flow enable it to make a profit, absent residual value in the equipment at the time the original leases expired. For each of the equipment leasing deals which are at issue, there was no residual value for the equipment at the end of each leaseback arrangement. C. General Facts Relating to Invalid Indebtedness and Financing Circularity The equipment involved in the sale and leaseback transactions was subject at the time of such transactions to liens held by various lending institutions which had financed the purchase of the equipment by the relevant entity and was subject to the lease of such equipment to various end users. The transactions generally took the form of a sale of equipment by the leasing company to IRA, or to an intermediary company, subject to the preexisting liens and leases, after which the investor or IRA then leased the equipment back to the seller, the leasing company, for a period of 96 or 108 months.Page: Previous 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 Next
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