Investment Research Associates - Page 490




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          Issue 23.  Whether IRA is Entitled to a Claimed Loss on Form 4797            
          of $1,073,835 for 1988                                                       
                                   FINDINGS OF FACT                                    
               IRA reported, on line 9 of its Federal income tax return,               
          Form 1120 for 1988, a net loss "from Form 4797" in the amount of             
          $1,073,835.59  No Form 4797 was attached to the original return              
          filed with respondent, nor was a copy of the form subsequently               
          presented to respondent or introduced into evidence at trial.                




          (...continued)                                                               
          for 1986, 1987, 1988, and 1989 from its purported transfer of                
          certain computer equipment to HICIP Partners.  On brief,                     
          respondent acknowledges that the HICIP Partners' income                      
          adjustments represent an alternative position respondent took in             
          the event the Court found in favor of IRA on the sale/leaseback              
          transactions.  As IRA or Cedilla Invest. acquired no ownership               
          interest in the equipment for tax purposes, no gain or loss would            
          be realized by them for 1986 through 1989 from their later                   
          "transfers" of some of the equipment to HICIP Partners.                      
          Similarly, in view of our holding sustaining respondent's                    
          determination that the purportedly recourse long-term notes IRA              
          or Cedilla Invest. issued in the leasing transactions were not               
          valid debts, the Court need not decide the issue of whether IRA              
          realized discharge of indebtedness income upon its and Cedilla               
          Invest.'s contribution of certain computer equipment to the                  
          IRAUTO partnership.  On brief, respondent acknowledges that the              
          discharge of indebtedness adjustment represented an alternative              
          position respondent took in the event the Court sustained IRA.               
          Because IRA and Cedilla Invest. issued no valid long-term                    
          indebtedness in connection with the leasing transactions, no                 
          discharge of indebtedness income attributable to such                        
          "indebtedness" was realized by them on their contribution of the             
          equipment to the IRAUTO partnership.                                         
          59                                                                           
               Form 4797 is entitled "Sales of Business Property" and,                 
          among other things, is the form used to report the sale or                   
          exchange of property used in a trade or business, depreciable and            
          amortizable property, and the disposition of noncapital assets.              





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