Robert H. Avellini - Page 2

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            7443A(b)(4) and Rules 180, 181, and 183.1  The Court agrees with                            
            and adopts the opinion of the Special Trial Judge, which is set                             
            forth below.                                                                                
                               OPINION OF THE SPECIAL TRIAL JUDGE                                       
                  WOLFE, Special Trial Judge:  This case is part of the                                 
            Plastics Recycling group of cases.  For a detailed discussion of                            
            the transactions involved in the Plastics Recycling cases, see                              
            Provizer v. Commissioner, T.C. Memo. 1992-177, affd. without                                
            published opinion 996 F.2d 1216 (6th Cir. 1993).  The facts of                              
            the underlying transaction in this case are substantially                                   
            identical to those in the Provizer case.  Through a second tier                             
            partnership, Efron Investors (EI), petitioner invested in the                               
            Clearwater Group limited partnership (Clearwater), the same                                 
            partnership considered in the Provizer case.  Pursuant to                                   
            petitioner's request at trial, this Court took judicial notice of                           
            our opinion in the Provizer case.                                                           
                  In a notice of deficiency, respondent determined                                      
            deficiencies in petitioner's 1981 and 1982 Federal income taxes                             
            in the respective amounts of $13,770 and $4,502, and an addition                            
            to tax for 1981 in the amount of $2,848.33 under section 6659 for                           
            valuation overstatement.  Respondent also determined that                                   
            interest on deficiencies in petitioner's 1981 and 1982 Federal                              

            1                                                                                           
                  All section references are to the Internal Revenue Code in                            
            effect for the tax years in issue, unless otherwise stated.  All                            
            Rule references are to the Tax Court Rules of Practice and                                  
            Procedure.                                                                                  




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