- 535 - IRA acquired the equipment subject to pre-existing liens and leases and the rights and interests of the lessees and intermediaries under their respective agreements. Since the equipment was so heavily encumbered, the value of IRA's equity interest was not sufficient incentive for it to pay the notes in the absence of the payment of rent. Estate of Franklin v. Commissioner, supra. Furthermore, IRA would have no incentive for paying the notes on the respective deferral dates because the equipment would have had little, if any, value at that time. A note which does not represent genuine indebtedness can neither be included in basis nor support a deduction for interest expense. See Knetsch v. United States, 364 U.S. 361 (1960); Deegan v. Commissioner, 787 F.2d 825, 827 (2d Cir. 1986). Therefore, the tax effect of our holding on this issue is twofold. First, the principal amounts of the long-term notes must be eliminated from IRA's depreciable basis. Second, all deductions for interest, including the interest prepayments represented by the short-term notes to the various entities, are disallowed. Accordingly, we sustain respondent's determinations in all respects as to this issue.58 58 In view of our holding on this issue, sustaining respondent's determination that the computer leasing transactions IRA or Cedilla Invest. entered into lacked economic substance, the Court need not decide the issue of IRA's income adjustments (continued...)Page: Previous 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 Next
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