- 515 - 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 refinancePage: Previous 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 Next
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