Barry B. Bealor and Nancy L. Bealor, et al. - Page 39

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          that explains and justifies respondent's willingness to concede             
          that such income should be reduced to zero in the years affected.           
               Petitioners, however, do not agree that their income was a             
          sham, for if they did so, they would be required to agree that              
          their deductions were shams as well.  In order to mitigate the              
          tax effects of this income, the partners instead extended their             
          losses into those later years.  The did so either by investing in           
          other MIT partnerships, or, as Schweiger and Churchill have                 
          testified, in other tax shelters promoted by Fred.36                        
               The possibility of genuine future earnings for the                     
          partnerships was virtually nonexistent as a practical matter.               
          Machise could wait for up to 11 years to repay its "compensation            
          fee".  At that time, Machise would owe 115 percent of the amount            
          borrowed, plus late charges that, at least for some of the                  
          partnerships, would have accumulated at a rate of 10 percent per            
          annum for 10 years.  Even though the interest was simple                    
          interest, the partners would be still be faced with collecting              
          from an entity that could be on a precarious footing.                       
          Accumulation of the late charges over the permitted 10-year                 


          36Schweiger identified one of those shelters as "the school                 
          bus operation, Pat & Gordon".  This Court, in Batastini v.                  
          Commissioner, T.C. Memo. 1987-378, disallowed deductions claimed            
          by investors in that shelter, which was promoted by BBPA.  One of           
          the participants in the school bus tax shelter was an entity                
          named Pat and Gordon, Inc.  Our findings in that opinion show               
          that among the shareholders of Pat & Gordon were Anthony Bucci,             
          Joseph Ingemi, and Richard Adamucci, who, as noted above, also              
          acquired interests in MIT 80.                                               




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