- 523 - The rent to be received by Cedilla Invest. with respect to this transaction was less than the amount due on the note including principal and interest and the initial cash investment. Therefore, the only manner in which IRA could profit would be a residual value of the equipment that would exceed the cumulative negative cash-flow and since the expected residual value of the equipment would be minimal at the end of the end-user lease, there was little likelihood that IRA would ever recover its investment or realize a profit. It is questionable whether IRA ever received the benefits and burdens of ownership when it consummated the agreement with Pluto, an entity of Mallin. At most, IRA obtained the future interest or right to participate in the residual value of the equipment, rather than a present depreciable interest therein. This was so because Atlantic had no legal title to the equipment, only the right to obtain title at a cost of 2 percent of the original purchase price. Future interests are not currently depreciable. See Coleman v. Commissioner, 87 T.C. 178 (1986), affd. without published opinion 833 F.2d 303 (3d Cir. 1987). That case involved Atlantic Computer Leasing and a lease similar to those herein. We held that the taxpayer did not have a depreciable interest in the equipment because the leasing company, Atlantic, did not have a depreciable interest.Page: Previous 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 Next
Last modified: May 25, 2011