- 514 - Frank Lyon Co. v. United States, 435 U.S. 561 (1978); Rice's Toyota World, Inc. v. Commissioner, 81 T.C. 184, (1983). IRA, in effect, did not purchase computer equipment, but purchased a package of tax benefits. No evidence of fair market and residual value or useful life was ever considered prior to consummating the transactions. The projected residual values at the time the leases with the lessees or intermediaries terminated were not established. Accordingly, since IRA did not acquire an interest in depreciable property, we hold that it is not entitled to deduct depreciation on the cost of the equipment or to the claimed investment tax credits. We also hold that the sham nature of IRA's transactions precludes any deduction for interest on the promissory notes. Second, IRA is not considered the owner of the computer equipment for Federal income tax purposes because it did not possess the burdens and benefits associated with ownership. This is a question of fact to be ascertained from the intention of the parties as evidenced by written agreements, in view of the surrounding facts and circumstances. See Grodt & McKay Realty, Inc. v. Commissioner, 77 T.C. 1221 (1981). This Court has considered a number of factors having particular relevance to the analysis of computer sale and leaseback transactions: (1) Whether legal title passed, (2)Page: Previous 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 Next
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