William R. & Carol Enyart - Page 12




                                       - 12 -                                         
               Petitioners advance a number of contentions to support their           
          position that during the year at issue Mr. Enyart received only             
          the right to use the B&L equipment, including the following:                
          (1) The B&L equipment was subject to “virtually 100% financing”             
          at the time it was transferred to Mr. Enyart; (2) the agreement             
          states “that Petitioners shall have use of such [B&L] equipment             
          until the financed amounts have been paid by B&L”; (3) B&L “was             
          in a dire financial position and its ability to pay off the                 
          substantial amount of debt encumbering the equipment was in grave           
          question”; and (4) “there was a realistic possibility that B&L              
          would be unable to make the payments without the bank actually              
          taking repossession of the equipment leaving petitioners without            
          the equipment that was transferred pursuant to the agreement.”              
          The record does not support the foregoing contentions of peti-              
          tioners.                                                                    
               The agreement states that at the time the B&L equipment was            
          transferred to Mr. Enyart it was subject to some unspecified                
          amount of liens; it does not state, as petitioners contend, that            
          that equipment was subject to “virtually 100% financing”.                   
          Furthermore, contrary to petitioners’ contention, the agreement             
          provides that only if the lending institutions holding the liens            
          to which the B&L equipment was subject objected to the transfer             
          by B&L of that equipment (or any part thereof) to Mr. Enyart, so            
          that such a transfer by B&L could not be effected, was Mr. Enyart           






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