Investment Research Associates - Page 466




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          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)                 






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