Richard Santulli and Virginia Santulli - Page 2

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                    1. Held:  The ultimate test for determining                       
               whether a taxpayer is at risk pursuant to sec.                         
               465(b)(4), I.R.C., is whether there is a realistic                     
               possibility of economic loss.  Based on the facts                      
               presented, P has not established that there was any                    
               realistic possibility that he would be subject to                      
               economic loss as a result of his long-term notes.                      
                    2.  Held further, Ps are subject to additions to                  
               tax under sec. 6653(a), I.R.C., for negligence.                        
                    3.  Held further, Ps are subject to additions to                  
               tax under sec. 6661, I.R.C., for substantial                           
               understatement of income tax liability.                                
                    4.  Held further, Ps are liable for the increased                 
               rate of interest imposed under sec. 6621(c), I.R.C.,                   
               for substantial underpayments attributable to tax-                     
               motivated transactions.                                                


               Richard S. Kestenbaum and Bernard S. Mark, for petitioners.            
               Theodore R. Leighton, for respondent.                                  


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               HALPERN, Judge:  These two cases have been consolidated for            
          trial, briefing, and opinion.  Respondent has determined                    
          deficiencies in income taxes, additions to tax, and increased               
          interest as follows:                                                        
                       Additions to Tax                                               
                              Sec.           Sec.         Sec.                        
          Year   Deficiency   6651(a)(1)   6653(a)(1)     6653(a)(2)                  
          1980   $81,541.67   $16,477.20   $5,097.06         ---                      
          1981    35,032.19     5,254.83    4,116.46    50% of interest               
          due on $15,956                                                              
          1982   246,433.50       ---      12,321.68    50% of interest               
          due on $3,195                                                               
          1983   411,000.00       ---      21,312.00    50% of interest               
          due on $411,000                                                             
                                                                                     





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