- 7 - years. At the time the notices of deficiency were issued, respondent believed the transaction was a sale of the premises, liquor license, and equipment by the Guaderramas back to Benavidez that resulted in capital gains. After trial, however, respondent in his brief took the position that Benavidez did not relinquish ownership of the property and liquor license to the Guaderramas, and therefore the transaction was not a sale, but rather a financing arrangement between petitioners. OPINION We must decide whether the parties’ transaction was in substance a “sale-leaseback”3 or a financing arrangement. The Guaderramas contend that the transaction was a lease, while both respondent and Benavidez contend that the transaction was a financing arrangement. I. Standard of Proof Before we analyze the transaction, we must first determine whether Benavidez or respondent should be allowed to ignore the 3 The transaction could not be a true sale-leaseback because petitioner Lauro G. Guaderrama (Guaderrama) constructed a building on the land that was transferred by Benavidez, and therefore Severo’s was not “sold” to Guaderrama and then subsequently leased back to Benavidez. However, when taking into account the transfer by Benavidez of the land, liquor license, trade name and telephone number, all of which petitioners Lauro G. and Gayle W. (the Guaderramas) argue were subsequently “leased” back to Benavidez, the form of this transaction is analytically similar to a sale-leaseback. Thus, it is appropriate to consider those factors traditionally associated with sale-leaseback transactions for purposes of determining the proper characterization of this transaction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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