- 6 - Residual Value Projections ..... 104 vi. Insertion of Other Entities .... 106 4. The Transaction Was Not a Sale and the Financing Did Not Constitute Genuine Debt .. 108 D. Conclusion .................... 112 APPENDIX A ....................... 114 MEMORANDUM FINDINGS OF FACT AND OPINION JACOBS, Judge: Respondent issued Andantech, L.L.C. (Andantech), a limited liability Wyoming company, notices of final partnership administrative adjustment (FPAAs) that reflected adjustments to Andantech’s partnership returns for taxable years which ended on December 10, 1993 (the 12/10/93 FPAA), December 31, 1993 (the 12/31/93 FPAA), and December 31, 1994 (the 12/31/94 FPAA). These consolidated cases involve an equipment sale-leaseback transaction that is described in flow chart form, in attached appendixes A through G. The transaction is designed to produce tax benefits to RD Leasing, Inc. (RD Leasing), a member of an affiliated group in which Norwest Corp. (Norwest) is the common parent, through RD Leasing’s membership in Andantech. The substantive issue to be resolved is whether the sale- leaseback transaction involved herein should be respected for Federal tax purposes. All section references are to the Internal Revenue Code as in effect for the years in issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011