Hubert Enterprises, Inc. and Subsidiaries, et al. - Page 52

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          (2003); McGovern, “Liabilities of the Firm, Member Guaranties,              
          and the At Risk Rules: Some Practical and Policy Considerations”,           
          7 J. Small & Emerging Bus. L. 63, 81 (Spring 2003) (“Section 465            
          [more specifically identified in a footnote as section                      
          465(c)(2)(B)] provides that if equipment leasing is carried on by           
          a partnership or subchapter S corporation, all items of equipment           
          that are placed in service during the same taxable year are                 
          treated as constituting a single activity.”); Pennell, “Separate            
          Treatment of At-Risk Activities Under Section 465 Delayed”, 62 J.           
          Taxn. 372 (1985) (“For that category [section 1245 property],               
          aggregation based on the taxable year the properties were placed            
          in service is allowed under the special rule in Section                     
          465(c)(2)(B).”).  We have not found (nor have petitioners cited)            
          any treatise or article that sets forth a contrary                          
          interpretation.                                                             
               C.  At-Risk Amounts                                                    
               Petitioners argue that the deficit capital account                     
          restoration provision in the revised LCL operating agreement                
          exposed LCL’s members to liability for their respective shares of           
          LCL’s recourse debt.  Respondent argues that this provision was             
          not operative during the relevant years because it required that            
          an LCL member first liquidate its interest in LCL, an event that            
          never occurred during the relevant years.  Respondent argues                
          alternatively that the provision, if operative, did not make the            






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