- 14 - fact that had led the Commissioner to settle on such favorable terms. See Nicholson v. Commissioner, 60 F.3d at 1024. Petitioners have adduced no evidence in the instant case of whether Elmco did, or could, prepay its loan from GCC. Finally, Nicholson, unlike the instant case, did not involve a broad indemnity clause that protected the taxpayer from loss. In short, we see no reason not to continue to adhere to our position that the economic reality of a transaction controls. See Levien v. Commissioner, 103 T.C. at 128-129. We decide the substance of a transaction by looking at all the material facts. See id. As we stated in Levien: We have previously addressed a similar argument [that the worst-case scenario should apply] in Wag-A-Bag, Inc. v. Commissioner, T.C. Memo. 1992-581, in which we determined that 'whichever standard is used, the ultimate decision rests upon the substance of the transaction in light of all the facts and circumstances.' We continue to hold to the view-- expressed in Wag-A-Bag--that, under section 465(b)(4), economic reality should be the touchstone of the analysis. [Id. at 128-129.] We scrutinize the economic reality of leasing activities by focusing in particular upon: The relationships between the parties; whether the underlying debt is nonrecourse; the presence of offsetting payments and bookkeeping entries; the circularity of the transaction; and the presence of any payment guarantees or indemnities. See id. at 125-126. "Neither the form chosen, the labels used, nor a single feature of the transaction generallyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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