Investment Research Associates - Page 480




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          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 of               






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