Bernard William Hvidding and Faleasiu E. Hvidding - Page 7

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          Reconciliation Act of 1990 (OBRA), Pub. L. 101-508, sec.                    
          11801(a)(1), 104 Stat. 1388-520.                                            
               Trusts are eligible for the energy tax credit after November           
          4, 1990, if they place qualifying energy property in service                
          during the tax year.  Sec. 38.  Before enactment of OBRA, section           
          48(f) required trusts to apportion a qualified investment in                
          residential energy property between the trust and its                       
          beneficiaries on the basis of the trust’s income allocable to               
          each.  Section 50(d)(6) provides that section 48(f), as was in              
          effect on the day before enactment of OBRA, applies for purposes            
          of calculating the energy tax credit for certain estates and                
          trusts after OBRA.                                                          
               2.   Richter v. Commissioner                                           
               In Richter v. Commissioner, T.C. Memo. 2002-90,2 as here, a            
          taxpayer claimed an energy tax credit passed through from HEH.              
          The taxpayer in Richter v. Commissioner, supra, contended that              
          HEH was entitled to an energy tax credit in 1995 for purchasing             
          solar energy systems from Mercury Solar and, that, as a                     
          beneficiary of HEH, he was entitled to a pass through of $513 of            
          HEH’s energy credit in 1995.  The taxpayer’s arrangement with HEH           
          and Mercury Solar in Richter is substantially similar to                    


               2  The taxpayer appealed Richter v. Commissioner, T.C. Memo.           
          2002-90, to the U.S. Court of Appeals for the Ninth Circuit,                
          which dismissed the appeal under Fed. R. App. P. 42(b).  Richter            
          v. Commissioner, No. 02-72253 (9th Cir., Oct. 2, 2002).                     





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