George W. Brooke and Karen Brooke - Page 3

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          conducted in the three above-mentioned cases with respect to                
          deficiencies in and additions to tax resulting from participation           
          in Encore.  In each case, we held in favor of respondent on all             
          issues; each case was affirmed by the Court of Appeals for the              
          Ninth Circuit.                                                              
               Petitioners were among a large number of persons nationwide            
          who invested in the Encore master recording lease program and who           
          claimed credits, deductions, and losses with respect thereto that           
          were disallowed by respondent.  In order to resolve common                  
          issues, a test case was selected among the cases in which persons           
          whose credits, deductions, and losses had been disallowed by                
          respondent had petitioned this Court for a redetermination of               
          that disallowance.  We rendered an opinion in the test case, Wolf           
          v. Commissioner, supra, and held that the Encore lease                      
          transaction was a sham entered into without the intent to make a            
          profit in which tax considerations were paramount.                          
               More specifically, in Wolf v. Commissioner, supra, this                
          Court held that:  (1) The taxpayers were not entitled to claimed            
          deductions and investment tax credits related to their                      
          participation in Encore; (2) the taxpayers’ underpayments for the           
          years at issue were due to negligence or intentional disregard of           
          rules and regulations, and as a result, were liable for the                 

               1(...continued)                                                        
          without published opinion 5 F.3d 536 (9th Cir. 1993); Garcia v.             
          Commissioner, T.C. Memo. 1991-451, affd. without published                  
          opinion 5 F.3d 536 (9th Cir. 1993).                                         




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