Anthony J. and Claire L. Pace - Page 19

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          benefits for each $50,000 invested were investment tax credits in           
          1981 of $79,200 plus deductions in 1981 of $42,491.  On their               
          1981 tax returns, petitioners each indicated ownership of                   
          investment credit property valued at $198,016 as a result of                
          their participation in the Hyannis deal.  In the first year of              
          the investment alone, petitioners each claimed an operating loss            
          in the amount of $20,327 and investment tax and business energy             
          credits related to Hyannis totaling $39,604, while petitioners'             
          each invested only $25,000 in Hyannis.  The direct reductions in            
          petitioners' respective Federal income tax, from just the tax               
          credits, equaled 158 percent of their cash investment.                      
          Therefore, like the taxpayers in Provizer v. Commissioner, T.C.             
          Memo. 1992-177, "except for a few weeks at the beginning,                   
          petitioners never had any money in the [Hyannis] deal."  A                  
          reasonably prudent person would not conclude without substantial            
          investigation that the Government was providing massive tax                 
          benefits to taxpayers in these circumstances.  McCrary v.                   
          Commissioner, 92 T.C. 827, 850 (1989).                                      
               We think petitioners Pace and Berry failed to exercise due             
          care in claiming large deductions and tax credits with respect to           
          Hyannis on their respective 1981 Federal income tax returns.                
          They did not reasonably rely upon Greenstein and the offering               
          memorandum, or in good faith investigate the underlying                     
          viability, financial structure, and economics of the Hyannis                
          transaction.  We hold, upon consideration of the entire records,            




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