- 7 - agreements, petitioner sold to and leased back from the trustee of the six grantor trusts in the aggregate petitioner’s entire interest in AVS unit II, including the AVS unit II pollution control facilities. The 1984 lease and sublease, the 1984 bond indenture agree- ment, the 1984 tax-exempt bonds, and the 1985 sale and leaseback agreements were agreements reflecting an integrated plan of interrelated and interdependent transactions or steps. Each of those transactions or steps was necessary in order to effectuate petitioner’s objective of transferring by sale or otherwise the AVS unit II to one or more transferees and leasing that unit back from such transferee(s). Under the 1985 sale and leaseback, part of the total consid- eration that the owner participant provided to petitioner to acquire a percentage undivided interest in the AVS unit II consisted of the owner participant’s assumption of that portion of petitioner’s obligation to pay the 1984 sublease rent (i.e., to make payments when due of interest and principal on the 1984 tax-exempt bonds) which was proportionate to the percentage 3(...continued) Each 1985 sale and leaseback agreement that petitioner and the owner participant entered into was materially identical to each of the other five 1985 sale and leaseback agreements. Unless otherwise indicated, we shall for convenience refer only to the 1985 sale and leaseback or the 1985 sale and leaseback agreement and the owner participant. However, any such refer- ences pertain to all six sale and leaseback agreements and all six owner participants.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