- 137 - partnerships' businesses, in comparison with the management’s background in structuring and promoting tax shelters. Simon v. Commissioner, 830 F.2d 499 (3d Cir. 1987); see Seaman v. Commissioner, 84 T.C. 564, 589 (1985). Here, neither Fred nor Bruce has demonstrated any effective knowledge of either employee leasing or the fuel trucking industry. Fred and Bruce are, however, experienced accountants who have extensive backgrounds in structuring and promoting tax shelters. Their firm handled the tax reports and filings of all parties that participated in the employee leasing deals. We are convinced that Fred and Bruce were selling their clients tax savings, and nothing else of substance. Some partners of these partnerships have testified that they were motivated to invest by the profits offered by Machise's oil trucking activities. However, the investors played essentially passive roles; in determining profit motivations, we look to the activities of Fred and Bruce, who managed the partnerships. Moreover, in determining the existence of a profit objective, we give greater weight to objective facts than to a taxpayer's statement of intent. Simon v. Commissioner, supra; Thomas v. Commissioner, 84 T.C. 1244, 1269 (1985), affd. 792 F.2d 1256 (4th Cir. 1986); sec. 1.183-2(a), Income Tax Regs. The promoters and partners knew enough to stress at trial their personal hopes of great profits. Thus, while Fred urged them to "tell the truth", he also reminded the partners that their attorney "will expectPage: Previous 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 Next
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