- 74 - a. The Experts’ Opinions Respondent’s expert, Peter Daley (Daley), opined that, as of September 28, 1995, the K-Mart and Shared end-user lease equipment would: (1) Have almost no estimated residual value when petitioner’s purported over lease residual interest periods began; and (2) not generate rental income during the over lease residual interest periods. Obviously, if the over lease residual interests had minimal or no value when acquired, petitioner would not pass the second prong of the economic substance test. Petitioner’s expert, Robert S. Svoboda (Svoboda), opined that the over lease residual interests had a fair market value of $122,000 to $263,000 as of September 28, 1995. Petitioner contends that it should succeed if it establishes that there was a projected rental income above $215,00021 as of September 28, 1995. In other words, petitioner argues that the economic substance test is met if it shows that as of September 28, 1995, some potential existed for petitioner’s earning a pretax profit. In that regard, petitioner also argues that its projected future over lease residual interest rental income need not be discounted to its present value as of September 28, 1995. 21This amount would have been petitioner’s maximum out-of- pocket cost if the note obligation had been fully paid. We note, however, that petitioner had paid only $40,000 of the $215,000 as of the time under consideration.Page: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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