T.C. Memo 2002-97 UNITED STATES TAX COURT ANDANTECH L.L.C., WELLS FARGO EQUIPMENT FINANCE, INC. (f.k.a. NORWEST EQUIPMENT FINANCE, INC.), TAX MATTERS PARTNER, AND WELLS FARGO & COMPANY (f.k.a. NORWEST CORPORATION), A PARTNER OTHER THAN THE TAX MATTERS PARTNER, ET AL.,1 Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 15532-98, 4277-00, Filed April 9, 2002. 6348-00. On Sept. 28, 1993, A, a limited liability Wyoming company, composed of two Belgian citizens, BP and FBE, purchased a portfolio of 40 IBM mainframe computers (the equipment) from C, for $122,415,762, which was paid: (1) $14,995,931 in cash (which A borrowed from UBS, a Swiss bank), and (2) $107,419,831 by A’s notes to C. At the time of sale, the equipment was under existing leases to end users and subject to existing liens; the equipment was sold to A subject to the existing leases and liens. Simultaneously with its purchase of the equipment, A leased the equipment back to C. 1 Cases of the following petitioners are consolidated herewith: Andantech L.L.C., Equipment Investors Co., Inc., A Partner Other Than The Tax Matters Partner, docket Nos. 4277-00 and 6348-00.Page: 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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