- 136 - The partnerships' history of cash expenditures further vitiates any notions of their business purposes. The cash flowing out of the leasing partnerships is not consistent with a profit-oriented business. The cash did not go directly to the trucking enterprise; instead it went to Fred's firm, BBPA. BBPA then split the investor cash with Machise, based upon the "line- of credit" notes, or, later, upon BBPA's sharing the cash after taking out its "promoters' fee". Moreover, when the "termination agreements" were signed, the cash stayed with BBPA or Machise; none was returned to the partners, with the apparent exception of Dr. Crescenzo.37 The partners merely received bookkeeping credits against their notes. Here, as in Fox v. Commissioner, 80 T.C. 972, 1010 (1983), the record is devoid of evidence that the partners' investment-- was in any way determined with a "true regard for the profitability of the activity." * * * The negotiations were conducted only with a view toward benefiting both the promoters (in cash) and potential * * * partners (in tax benefits). * * * There is another characteristic frequently used in discerning a partnership’s valid profit objectives, as opposed to its tax avoidance purposes. The courts have considered the experience of the partnerships’ management in conducting the 37The facts, see supra p. 29, indicate that Dr. Crescenzo's recovery stemmed from a buyout of his partnership interest--by Fred and Bruce and Richard Adamucci--that appeared to be part of a global settlement that took Dr. Crescenzo out of all or most of his Bryen-promoted tax shelter interests.Page: Previous 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 Next
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