Deborah K. Skyrms - Page 5

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          to petitioner that the investment involved "the only machine in             
          the world that could recycle styrofoam".  Russell also explained            
          that there were tax benefits to be derived from the investment.             
               Petitioner decided to invest in Republic, and on December 8,           
          1982, she drew a check payable to Republic in the amount of                 
          $7,500 on a checking account in the name of Deborah Kent's, Inc.4           
               As a result of the $7,500 investment in Republic, petitioner           
          on her 1982 Federal income tax return deducted a partnership loss           
          of $5,839 and claimed an investment tax credit of $5,773 that was           
          limited to her 1982 income tax liability (as reduced by the                 
          partnership loss) of $2,472.  The $3,301 balance of the                     
          investment credit along with a business energy credit in the                
          amount of $5,7735 was carried back to tax years 1979, 1980, and             
          1981 to generate tax refund claims in the amounts of $4,848,                
          $3,789, and $437.                                                           



          4Petitioner reported on her Federal income tax return                       
          dividend income of only $290 for the year 1982.  We therefore               
          assume that the check drawn to Republic on the corporate checking           
          account represents either a loan to petitioner or part of the               
          wages that petitioner reported on the 1982 tax return.  The                 
          record reveals no connection between the corporate check and                
          petitioner's money market fund.                                             
          5Petitioner claimed as her portion of the basis in the                      
          recycling deal $57,727, the claimed investment credit and energy            
          credit each representing 10 percent of her claimed basis.  The              
          parties have now stipulated that the recycling machine that                 
          generated the partnership deductions and credits in this case was           
          worth no more than $50,000.  The record does not reveal what                
          percentage petitioner's indirect ownership was in Davenport, the            
          entity that apparently owned or leased the machine.                         




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