- 2 - leases will not be taken into consideration in deciding whether the lease transactions are entitled to lease treatment. Held, further, the lease transactions are entitled to be treated as leases. David D. Aughtry and Vivian D. Hoard, for petitioners. Mark S. Mesler, for respondent. WELLS, Judge: Respondent determined a deficiency in petitioners' 1993 Federal income taxes of $977,267 and a section 6662 accuracy-related penalty of $195,453. Unless otherwise indicated all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. The issues we must decide in the instant case are: (1) Whether section 7701(h)(1) precludes consideration of a "terminal rental adjustment clause" (TRAC)1 contained in certain agreements 1 Sec. 7701(h)(3) provides: (3) Terminal rental adjustment clause defined.-- (A) In general.--For purposes of this subsection, the term "terminal rental adjustment clause" means a provision of an agreement which permits or requires the rental price to be adjusted upward or downward by reference to the amount realized by the lessor under the agreement (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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