Douglas A. and Janet Vander Heide - Page 3

                                        - 3 -                                         

               On May 26, 1995, respondent timely issued two affected item            
          statutory notices of deficiency to petitioners in which                     
          respondent disallowed the claimed deductions with respect to the            
          partnership.2                                                               
               This case involves two sale-leaseback transactions among the           
          following entities:  the partnership, which engaged in the                  
          equipment leasing business; Charterhouse Leasing Associates                 
          Limited Partnership (Charterhouse); Hambrose Reserve Ltd.                   
          (Hambrose); M&J Holding Corp. (M&J), the sole shareholder of                
          Hambrose and the general partner of Charterhouse; CIS Leasing               
          Corp. (CIS); and Comdisco, Inc. (Comdisco).                                 
          The Sale-Leaseback Transactions                                             
               The partnership's leasing transaction involves the sale and            
          leaseback of various computer equipment that it purchased in 1985           
          from Hambrose.  Hambrose initially purchased the equipment from             
          Charterhouse.  Charterhouse purchased the equipment from CIS and            
          Comdisco, the original purchasers of the equipment.  CIS and                
          Comdisco purchased the equipment with financing provided by                 
          various third-party lenders and subsequently leased the equipment           

               2  Although the parties stipulated to the timely filing of             
          the notices, petitioners seem to argue that it is unfair that               
          notice was not given sooner.  However, it is clear that                     
          respondent complied with the statute and that the notices were              
          timely under sec. 6229(a) and (d) because (1) there was a Final             
          Partnership Administrative Adjustment (FPAA) issued to the                  
          partnership, (2) a proceeding was instituted in this Court based            
          on that FPAA, (3) that proceeding was decided on Aug. 3, 1994,              
          and became final on Nov. 1, 1994, and (4) the notices of                    
          deficiency were mailed within 1 year thereafter on May 26, 1995.            



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