- 501 - Under the terms of the "limited recourse promissory note", Cedilla Invest. was only personally liable during the times and to the extent of the amounts referenced in Schedule B annexed thereto. Schedule B specifically provided that the payor's (Cedilla Invest.'s) "maximum aggregate amount" of personal liability was zero. Further, and also under the terms of the note, Cedilla Invest.'s only obligation with respect to payment of the amounts due thereunder was expressly in the nature of a "nonrecourse obligation", and the payee "shall look solely and only to the Collateral for the payment and performance" of Cedilla Invest.'s obligations under the note. Other than the purchase agreements, bills of sale, and promissory notes, IRA did not produce any other documents in connection with these equipment leasing transactions, such as equipment appraisals, economic forecasts, related correspondence, legal opinions, rent payment schedules, checks (negotiated or otherwise) evidencing payments of purchase price or rentals, and/or records establishing the existence or actual location of the equipment at any time during the subject leases. OPINION I. Leasing Transactions Generally To be entitled to the depreciation and interest deductions, tax credits, and losses claimed in connection with the computer equipment sale and leaseback transactions engaged in by IRA forPage: Previous 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 Next
Last modified: May 25, 2011