Barry B. Bealor and Nancy L. Bealor, et al. - Page 46

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               objective is an issue of fact which must be resolved by                
               examining the surrounding facts and circumstances. In                  
               making this determination, greater weight should be                    
               given to objective facts than to a mere declaration of                 
               the taxpayer's intent.  The burden of proving the                      
               requisite profit objective rests with the taxpayer.                    
               [Simon v. Commissioner, supra at 501; citations                        
               omitted.]                                                              
               In these cases, the individual who in fact managed the                 
          affairs of the partnerships was Fred, the principal of BBPA who             
          had structured the transactions.  His role was consistent with              
          BBPA's undertakings that it would manage the partnerships.                  
               The "surrounding facts and circumstances" of Fred's                    
          operations reveal the absence of a profit objective.  Fred                  
          designed the partnerships not to produce a profit, but rather to            
          produce a loss.  His objective was not economic gain, but rather            
          tax avoidance.  Under Fred’s plan, the partners of the                      
          partnerships would have to wait as long as 11 years before they             
          could expect to see a profit.  Their only client--Machise--had              
          the option of waiting that long before paying the "compensation             
          fee".  During those years, the partners' only recourse was to               
          wait.                                                                       
               Moreover, the transactions were so structured that their               
          waiting would be in vain.  Fred eliminated any prospect for                 
          partnership profits well before the partnerships had an                     
          opportunity to collect them.  Fred, acting on his own initiative,           
          executed termination agreements for all the partnerships except             
          W & A, which he eliminated as a "mutual mistake".  These actions            





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