George W. Brooke and Karen Brooke - Page 2

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          affd. 4 F.3d 709 (9th Cir. 1993), Feldman v. Commissioner, T.C.             
          Memo. 1991-353, affd. without published opinion 5 F.3d 536 (9th             
          Cir. 1993), and Garcia v. Commissioner, T.C. Memo. 1991-451,                
          affd. without published opinion 5 F.3d 536 (9th Cir. 1993).                 
          Respondent filed the above-referenced motion in the instant case            
          with respect to the disallowance of deductions, investment tax              
          credits, and related additions to tax in connection with                    
          petitioners' participation in the Encore Leasing Program                    
          (Encore).  In their response, petitioners failed to provide the             
          Court with an adequate basis upon which they could distinguish              
          themselves from the previously decided cases and were ordered to            
          either sign a stipulated decision in the instant case or appear             
          before the Court for a hearing on the matter.  This case was                
          heard at a motions session held on March 27, 1995, at Houston,              
          Texas, and was taken under advisement.                                      
               Petitioners resided in Kountz, Texas, at the time the                  
          petition was filed.  Mr. Brooke (petitioner) was employed as a              
          loan officer at a savings and loan when he invested in Encore.              
          The instant case arises out of petitioners' participation in                
          Encore.  Encore was in the business of leasing master recordings            
          of previously released pop and gospel albums.1  Trials were                 

               1For a detailed discussion of the facts and the applicable             
          law with respect to participation in the Encore Leasing Program,            
          see Booker v. Commissioner, T.C. Memo. 1996-261; Wolf v.                    
          Commissioner, T.C. Memo. 1991-212, affd. 4 F.3d 709 (9th Cir.               
          1993); Feldman v. Commissioner, T.C. Memo. 1991-353, affd.                  
                                                             (continued...)           




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