Estate of Ronald Busch, Deceased, Rochelle Busch, Executrix and Rochelle Busch, et al. - Page 8

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          were done simultaneously.  Although the recyclers were sold and             
          leased for the above amounts under the structure of simultaneous            
          transactions, the fair market value of a Sentinel EPE recycler in           
          1981 and 1982 was not in excess of $50,000.                                 
               PI allegedly sublicensed the recyclers to entities that                
          would use them to recycle plastic scrap.  The sublicense                    
          agreements provided that the end-users would transfer to PI 100             
          percent of the recycled scrap in exchange for a payment from FMEC           
          Corp. based on the quality and amount of recycled scrap.                    
               Like Clearwater, each of the Partnerships was formed to                
          lease Sentinel EPE recyclers from F & G Corp. and license those             
          recyclers to FMEC Corp.4  The transactions of the Partnerships              
          differ from the underlying transaction in the Provizer case in              
          the following respects:  (1) The entity that leased the machines            
          from F & G Corp. and licensed them to FMEC Corp.; and (2) the               
          number of recyclers the Partnerships were organized to lease and            
          license.5  For convenience we refer to the series of transactions           

          4    In the stipulation of facts for petitioners Busch, the                 
          parties stipulated that in 1982 SAB Recovery was also a partner             
          in the partnerships known as Scarborough Leasing Associates                 
          (Scarborough) and Plymouth Equipment Associates (Plymouth).                 
          Scarborough and Plymouth purported to lease Sentinel EPE                    
          recyclers in transactions substantially identical to those in the           
          Clearwater Group limited partnership.                                       
          5    According to the offering memoranda, SAB Reclamation was to            
          lease and license eight recyclers and SAB Recovery was to lease             
          and license seven recyclers.  However, the SAB Reclamation                  
          partnership tax return for 1982 indicates that it leased and                
          licensed only four recyclers.  The SAB Recovery partnership tax             
                                                             (continued...)           




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