Barry B. Bealor and Nancy L. Bealor, et al. - Page 51

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          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 expect              




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