Investment Research Associates - Page 476




                                       - 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.                      








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