Robert H. Avellini - Page 4

                                                - 4 -                                                   
            section 6659 for underpayment of tax attributable to valuation                              
            overstatement; and (6) whether petitioner is liable for increased                           
            interest under section 6621(c) for 1981.                                                    
                                          FINDINGS OF FACT                                              
                  Some of the facts have been stipulated and are so found.                              
            The stipulated facts and attached exhibits are incorporated by                              
            this reference.  Petitioner resided in Chicago, Illinois, when                              
            his petition was filed.  He was a professional football player in                           
            the National Football League and played quarterback for the                                 
            Chicago Bears from 1975 through 1984.                                                       
                  Petitioner is a limited partner in EI, which is a limited                             
            partner in the Clearwater limited partnership.  The Clearwater                              
            limited partnership is the same recycling partnership that we                               
            considered in Provizer v. Commissioner, supra.  The underlying                              
            deficiency for 1981 in this case resulted from respondent's                                 
            disallowance of claimed losses and tax credits that were passed                             
            through both Clearwater and EI to petitioner.                                               
                  Petitioner has stipulated substantially the same facts                                
            concerning the underlying transactions as we found in Provizer v.                           
            Commissioner, supra.3  Those facts may be summarized as follows.                            
            In 1981, Packaging Industries, Inc. (PI), manufactured and sold                             

            3                                                                                           
                  The parties did not stipulate certain facts concerning the                            
            Provizers, facts regarding the expert opinions, and other matters                           
            that we consider of minimal significance.  Although the parties                             
            did not stipulate our findings regarding the expert opinions,                               
            they stipulated our ultimate finding of fact concerning the fair                            
            market value of the recyclers during 1981.                                                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011