- 135 - to pay off its compensation fees and late fees and still stay in business. We do not find such figures convincing. They fall far short of being the fact-based realistic calculations demanded by profit-motivated investors before they place their money at risk. Cf. Soriano v. Commissioner, 90 T.C. 44, 56-57 (1988). Moreover, as we noted earlier, Fred extended his tax planning services to include eliminating liability for the income that the partnerships would report in their later years. Such income was largely "phantom" income; it produced no gain but merely reflected the unwinding of the circular employee leasing structures. Fred therefore undertook to preclude any liability of his clients for this noncash "compensation fee" or "late fee" income by the expedient of placing them in other tax shelters. Moreover, neither Fred nor Bruce, nor any of the partners in the leasing partnerships, demonstrated even a remote knowledge of the fuel trucking industry in which their partnerships had allegedly invested several millions of dollars. Although the partnerships were allegedly in the employee leasing business, Fred and Bruce did nothing to pursue a profit for those businesses. They instead ceded to Machise all rights and responsibilities for hiring, assigning, paying and firing the allegedly leased employees and independent contractors. "In sum, the * * * [managing] partners took absolutely no steps to protect or further the interests" of their partnerships. Flowers v. Commissioner, 80 T.C. 914, 938 (1983).Page: Previous 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 Next
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