Investment Research Associates - Page 489




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               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...)           





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