- 132 - 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 actionsPage: Previous 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 Next
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