Investment Research Associates - Page 467




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          whether an equity was acquired in the property, (3) whether the              
          parties treated the transaction as a sale, (4) whether useful                
          life in excess of the leaseback term and significant residual                
          value were reasonably expected to exist, (5) whether the contract            
          of sale created a present obligation on the purchaser to make                
          payments, (6) whether any other party held a purchase option at              
          less than fair market value, (7) whether renewal rental at the               
          end of the leaseback term was set at fair market rent, and (8)               
          whether the purported owner of the property had a reasonable                 
          possibility to recover his investment from the income-producing              
          potential and residual value of the equipment.  See Torres v.                
          Commissioner, 88 T.C. 702 (1987).  In addition, the presence of              
          arm’s-length dealing is appropriate to the determination of a                
          sham.  See Estate of Franklin v. Commissioner, 64 T.C. 752                   
          (1975), affd. 544 F.2d 1045 (9th Cir. 1976).                                 
               Analysis of the transactional documents shows that IRA had              
          few, if any, of the rights and privileges normally associated                
          with legal title.  For example, in one transaction, IRA could not            
          transfer the equipment without first securing the consent of                 
          O.P.M.  IRA could not pledge its interest in the equipment as                
          security for a loan or do anything that would result in the                  
          imposition of a lien, either voluntarily or otherwise.  IRA                  
          generally did not assume the obligations of the seller/lessee.               
          IRA also agreed that O.P.M. could pay off its loan and refinance             






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