River City Ranches #4 - Page 123




                                       - 61 -                                         
               F.2d 644 (9th Cir. 1987), revg. and remanding 85 T.C.                  
               580 (1985) (at risk under sec. 465); Follender v.                      
               Commissioner, 89 T.C. 943 (1987) (at risk under sec.                   
               465; partnership's basis); Melvin v. Commissioner, 88                  
               T.C. 63, 75 (1987) (at risk under sec. 465); Abramson                  
               v. Commissioner, 86 T.C. 360 (1986) (partnership's                     
               basis; at risk under sec. 465).                                        
                    In all those cases, however, the recourse notes                   
               were given to independent third parties whose interests                
               did not necessarily coincide with those of the note                    
               makers.  Those cases did not involve, as does the                      
               instant case, transactions between two organizations                   
               created to carry out a tax shelter scheme, notes given                 
               for amounts having no relationship to economic reality,                
               or notes which almost certainly would not be paid.  See                
               Goldstein v. Commissioner, 364 F.2d 734, 740-741 (2d                   
               Cir. 1966), affg. 44 T.C. 284 (1965); Durkin v.                        
               Commissioner, 87 T.C. 1329, 1376-1377 (1986); Waddell                  
               v. Commissioner, 86 T.C. 848, 902 (1986), affd. 841                    
               F.2d 264 (9th Cir. 1988); Houchins v. Commissioner, 79                 
               T.C. 570, 589-590 (1982).                                              
                    In the instant case, we are convinced, as stated                  
               above, that the purportedly recourse  * * *  notes                     
               served merely as a facade for the support of the tax                   
               benefits promised the investors  * * *.  The                           
               possibility that the notes would be paid was illusory.                 
               * * *                                                                  
          In Ferrell v. Commissioner, supra, the Court based its conclusion           
          regarding the invalidity of the notes on several factors:  (1)              
          The note holder's not being an independent party but an essential           
          member of the tax shelter team; (2) the amount of the notes being           
          many times the value of the property acquired; (3) the unusual              
          form of the notes, including the extremely long term for payment            
          of any of the note's principal; and (4) the prearranged eventual            
          release of the investors from their "assumptions of personal                
          liability" on the "recourse" notes.  Id. at 1186-1190.                      






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