- 97 - value of the equipment at the time of the purchase had little effect on the pretax profitability of the transaction. The pretax profitability was dependent on the residual value at the early termination date or the final termination date; the overall profitability was dependent on the tax savings. See Zirker v. Commissioner, supra at 976; Helba v. Commissioner, supra at 1005- 1007, 1009-1011. iii. The Structure of the Financing The structure of the financing is an important factor in evaluating the claimed economic substance of the sale-leaseback transactions. Helba v. Commissioner, supra at 1007-1011. In this case, most of the purchase price of the properties was financed by debt that in reality was functionally identical to nonrecourse obligations. On numerous occasions, courts have found that a disproportionately large amount of nonrecourse debt included in the purchase price of a piece of property indicates that a transaction lacks economic substance. See, e.g., Waddell v. Commissioner, 86 T.C. 848, 902 (1986), affd. per curiam 841 F.2d 264 (9th Cir. 1988); Elliott v. Commissioner, 84 T.C. 227, 238 (1985), affd. without published opinion 782 F.2d 1027 (3d Cir. 1986); Estate of Baron v. Commissioner, 83 T.C. 542, 552-553 (1984), affd. 798 F.2d 65 (2d Cir. 1986). This is especially true when, as a practical matter, there is little possibility that the debt will ever be paid.Page: Previous 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 Next
Last modified: May 25, 2011