Barry B. Bealor and Nancy L. Bealor, et al. - Page 50

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               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.                                   




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