Lowell L. and Marilyn A. Robertson - Page 11




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             Casebeer v. Commissioner, 909 F.2d 1360, 1363 (9th Cir.                  
             1990), affg. in part, revg. in part and remanding T.C.                   
             Memo. 1987-628, Larsen v. Commissioner, 89 T.C. 1229                     
             (1987), Sturm v. Commissioner, T.C. Memo. 1987-625,                      
             Moore v. Commissioner, T.C. Memo. 1987-626; Sochin v.                    
             Commissioner, 843 F.2d 351, 354 (9th Cir. 1988), affg.                   
             Brown v. Commissioner, 85 T.C. 968 (1985); Rice's Toyota                 
             World, Inc. v. Commissioner, 81 T.C. 184, 201-204 (1983),                
             affd. in part, revd. in part, and remanded 752 F.2d 89                   
             (4th Cir. 1985).                                                         
                  On the basis of all of the facts and circumstances                  
             presented, we found that petitioner's purchase of an                     
             interest in the Trust was without economic substance.                    
             That finding was based upon factors commonly reviewed                    
             in determining whether a computer leasing transaction                    
             possesses economic substance, including the presence or                  
             absence of arm's-length price negotiations, the reason-                  
             ableness of the income and residual value projections,                   
             the structure of the financing, the degree of adherence                  
             to contractual terms, and, of particular significance in                 
             this case, the relationship between the sale price and                   
             fair market value of the property acquired.  See Levy v.                 
             Commissioner, 91 T.C. 838, 856 (1988).  In considering the               
             last factor, we took note of "the limited nature of the                  






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