Harry E. Peaden, Jr. - Page 6




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          the lessor's rental income over the period of the lease exceeded            
          the sum of the lessor's depreciation and cost of financing its              
          purchase of the trucks.                                                     
               A typical lease transaction takes place as follows:                    
          Country-Fed first identifies the type of truck it wishes to                 
          lease.  The lessor then obtains the truck that Country-Fed has              
          identified.  Often, Country-Fed negotiates with dealers regarding           
          the price for which the lessor could acquire the truck.  After              
          identifying a truck which Country-Fed wishes to lease, Country-             
          Fed and the lessor execute a "New Vehicle Order"4 which is                  
          subject to the terms of the master lease and contains the                   



          3(...continued)                                                             
                              (ii) which clearly and legibly states that              
                         the lessee has been advised that it will not be              
                         treated as the owner of the property subject to              
                         the agreement for Federal income tax purposes.               
                         (D) Lessor must have no knowledge that                       
                    certification is false.--An agreement meets the                   
                    requirements of this subparagraph if the lessor                   
                    does not know that the certification described in                 
                    subparagraph (C)(i) is false.                                     
          As to each truck, Country-Fed executed the certification required           
          by sec. 7701(h)(2)(C) and used the truck in its business.  There            
          is no evidence in the record regarding how the lessors financed             
          their acquisition of the trucks.                                            
          4    This is the term used by the McCullagh master lease.  The              
          ARI master lease refers to this agreement as a "Motor Vehicle               
          Lease Agreement".  The World Omni master lease refers to this               
          agreement as the "Leased Unit Quotation".  Despite the difference           
          in terminology, the information contained in each document is               
          essentially the same.                                                       




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Last modified: May 25, 2011