- 527 - loans, or records establishing the existence or actual location of the equipment at any time during the subject leases. The inference to be drawn from IRA's failure to produce or present these critical documents is that such materials never existed or, if they did exist at one time, their production would have provided evidence unfavorable to IRA's positions. See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). Moreover, a review of the 28 exhibits related to these transactions indicates that they all followed the identical format and utilized the same form documents as the other transactions discussed at length. As with the other computer leasing transactions at issue here, these seven transactions utilized invalid debt because the long-term "limited recourse" promissory notes effectively shielded IRA from ever having to make any payments on the notes. Although the specific deferral provisions were eliminated from these notes--presumably in response to challenges thereto by respondent in connection with earlier (i.e., 1976 through 1980) transactions--each of the long-term "limited recourse" promissory notes contained the same provisions with respect to the limited liability of IRA. Section 10 ("Limited Recourse") sets forth IRA's "Recourse Obligations" and basically states that IRA/Cedilla Invest. is only personally liable to the extent ofPage: Previous 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 Next
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