CASEBEER v. C.I.R.

Nos. 88-7535, 88-7537 to 88-7539.

909 F.2d 1360 (1990)

Harvey L. CASEBEER; Patricia Casebeer; Lewis W. Moore; Shirley L. Moore; Carlyle Sturm; Charlotte Sturm, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee. Vincent T. LARSEN; Louise Larsen, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1990.


Attorney(s) appearing for the Case

Thomas F. Topel, and Lance R. Hoskins, Dorsey & Whitney, Billings, Mont., for petitioners-appellants.

Gary R. Allen, David English Carmack, and David M. Moore, Tax Div., Dept. of Justice, Washington, D.C., for respondent-appellee.

Before WRIGHT and WALLACE, Circuit Judges, and PRICE, Senior District Judge.


EUGENE A. WRIGHT, Circuit Judge:

In cases involving complex computer sale/leaseback transactions, we consider whether the tax court erred in finding that the transactions were shams for federal income tax purposes and in applying the at risk provisions of the Internal Revenue Code, 26 U.S.C. § 465.

BACKGROUND

These appeals arise from the tax court's disposition of five test cases. Four of the cases are before us.1

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