- 10 - Respondent allowed petitioners additional Schedule E deductions of $1,092,804 for depreciation and $121,914 for fringe benefits paid to employees. Additionally, respondent increased petitioners' adjusted gross income by $91,672 for fringe benefits received and disallowed $71,879 in itemized deductions. Respondent further determined that petitioners were liable for an accuracy-related penalty pursuant to section 6662 of $195,453. The parties have settled all of the issues determined in the notice of deficiency except the disallowed Schedule E rental deduction for the trucks and related equipment leased by Country- Fed and the allowable depreciation deduction if the rental deduction is disallowed. OPINION We must decide whether section 7701(h)(1) precludes consideration of the TRAC contained in the master leases covering the lease transactions and whether the lease transactions should be treated as leases or as purchases of trucks. Neither party disputes that the provisions of the master leases that require either the lessor to remit to Country-Fed the amount by which the sale proceeds of the truck exceed the remaining base price plus the cost of the sale, or, conversely, require Country-Fed to remit to the lessor the amount by which the remaining base rent plus the cost of the sale exceeds the proceeds, are a "terminal rental adjustment clause" within the meaning of sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011