Richard Santulli and Virginia Santulli - Page 41

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          activity because she believed that "he had more important things            
          to be concerned with".  The parties to the two activities missed            
          payments for months on end.  For the reasons stated, we are                 
          convinced that both activities constitute tax shelters within the           
          meaning of section 6661(b)(2)(C)(ii).                                       
               Because both activities constitute tax shelters, petitioner            
          cannot rely on substantial authority unless, at the time the 1982           
          and 1983 returns were filed, he reasonably believed that the tax            
          treatment claimed was more likely than not the proper tax                   
          treatment.  See sec. 6661(b)(2)(C)(i)(II); sec. 1.6661-5(a),                
          Income Tax Regs.  Petitioner testified that, in both activities,            
          he acquired the equipment in question through Proz in order to              
          satisfy his and certain of his advisers' concerns regarding                 
          section 465.  We have no doubt that petitioner and his advisers             
          considered the tax results to petitioner of both activities.                
          Nevertheless, there is no evidence for us to find that petitioner           
          analyzed the pertinent facts and authorities and, in the manner             
          contemplated in section 1.6661-5(d)(1), Income Tax Regs.,                   
          reasonably concluded that there was a greater than 50-percent               
          likelihood that the tax treatment of the claimed losses from                
          either the computer equipment activity or the telecommunications            
          activity would be upheld in litigation.  Also, there is no such             
          unambiguous opinion from a tax adviser.  See sec. 1.6661-5(d)(2),           
          Income Tax Regs.  Accordingly, we find that petitioner did not              
          reasonably believe when petitioners filed the returns in question           




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