- 13 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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