- 9 - with respect to the $18,500 cash payment and the three Equity Promissory Notes. Respondent argues, however, that, as to the long-term Buyer Acquisition Note, petitioner is not at risk because: (1) The Buyer Acquisition Note, though labeled recourse, is, in substance, nonrecourse and (2) even if the Buyer Acquisition Note is recourse, the transaction protects petitioner against loss under section 465(b)(4). Because we hold that, under section 465(b)(4), the transaction protects petitioner from loss, we need not decide whether the Buyer Acquisition Note is recourse. Petitioner, therefore, is not at risk with respect to the Buyer Acquisition Note. Section 465(a)(1) provides that losses from certain activities are deductible only to the extent that the taxpayer is at risk with respect to each activity at the close of the taxable year. A taxpayer's amount at risk includes the amount of money and the bases of property contributed to an activity. See sec. 465(b)(1)(A). The amount at risk also includes amounts borrowed with respect to such activity. See sec. 465(b)(1)(B). Pursuant to section 465(b)(2)(A), amounts borrowed with respect to an activity include "amounts borrowed for use in an activity to the extent that * * * [the taxpayer] is personally liable for the repayment of such amounts." Notwithstanding the foregoing provisions, a taxpayer's amount at risk does not include amounts protected against loss through nonrecourse financing, guarantees,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011