Barry B. Bealor and Nancy L. Bealor, et al. - Page 49

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          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).                                      




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