Timothy J. Coburn - Page 13

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          the loan were recourse, the absence of any action by CareMatrix             
          during 2000 to collect the liability would in no way preclude               
          CareMatrix from commencing such a collection action after 2000.             
          Because CareMatrix had not forfeited its right to payment as of             
          the close of 2000, an expectation of repayment remained.                    
               In addition to the aforementioned facts, respondent relied             
          on the precedent of Cozzi v. Commissioner, 88 T.C. 435 (1987).              
          In Cozzi v. Commissioner, supra at 437, a limited partnership,              
          Hap Production Co. (debtor), was formed to provide services                 
          related to the production of motion picture films, and the                  
          taxpayers invested in the debtor as limited partners.10  In 1975,           
          the debtor received a nonrecourse loan from Sargon Etablissement            
          (lender).  Id. at 438.  The debtor agreed to repay principal and            
          interest under a repayment schedule ending in 1980.  Id.  As                
          security for the nonrecourse loan, the lender retained a first              
          position lien in all proceeds generated under a motion picture              
          production agreement between the debtor and Map Films, Ltd. (the            
          production agreement).11  Id.  The production agreement                     



               10In Cozzi v. Commissioner, 88 T.C. 435, 447 (1987), we                
          stated, “The record makes clear that Hap was a tax shelter which            
          generated significant tax benefits”.                                        
               11Pursuant to the production agreement, the debtor agreed to           
          perform certain services related to the production of a motion              
          picture in return for the payment of $1,160,000 and certain costs           
          incurred by the debtor.  Cozzi v. Commissioner, supra at 437.               





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