Harry E. Peaden, Jr. - Page 2




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                    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...)           




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