113 T.C. No. 6 UNITED STATES TAX COURT HARRY E. PEADEN, JR. AND CINDY D. PEADEN, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 14837-97. Filed August 9, 1999. C, P's wholly owned S corporation, leased trucks under master lease agreements (master leases). For each truck, C and the lessor agreed to a base rent dependent on the lessor's cost of the truck. The master leases contain a terminal rental adjustment clause (TRAC), as defined in sec. 7701(h)(3), I.R.C., providing that the lessor, at the conclusion of the lease term, must sell the truck and remit to C any sale proceeds that exceed the remaining base rent plus the lessor's cost of arranging the sale. R does not argue that the lease agreements are not "qualified motor vehicle operating agreements" within the meaning of sec. 7701(h)(2), I.R.C., but instead argues that the TRAC may be taken into account in determining whether the transactions entered into pursuant to the master leases (lease transactions) should be treated as leases. Held: Pursuant to sec. 7701(h)(1), I.R.C., the TRAC contained in the masterPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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