Mark Friedman - Page 12

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          Friedman used $9,290 on his 1981 return.2  Respondent disallowed            
          Friedman's claimed operating loss and investment credit flowing             
          from Clearwater.3                                                           
               Friedman was told about the Plastics Recycling transactions            
          by several partners at Shea & Gould.  Approximately eight                   
          partners contemplated investing in a Plastics Recycling                     
          transaction.  Friedman understood that Stuart Hirshfield                    
          (Hirshfield), a bankruptcy specialist at Shea & Gould, previously           
          had done business with Winer and thought well of him.  Hirshfield           
          and two other partners, Dan Carroll (Carroll) and Lonn Trost                
          (Trost), each made inquiries about some aspects of the Plastics             
          Recycling transactions.  Friedman also understood that Trost and            
          Hirshfield visited PI at least once and viewed some Sentinel EPE            
          recyclers.  Alan Parker (Parker), a tax partner, reviewed the tax           


          2    Friedman's basis in the Clearwater Sentinel EPE recyclers              
          was $107,918.  He had a basis in other property qualifying for              
          the investment tax credit in the amount of $3,211.  Friedman's              
          tentative investment tax and business energy credits flowing from           
          Clearwater each totaled $10,792.  However, Friedman's business              
          energy credit was subject to a limitation in the amount of zero,            
          and his regular investment credit was subject to a limitation in            
          the amount of $9,611.  Of the total investment credit claimed in            
          1981 by Friedman, $9,290 was from Clearwater and $321 was from              
          other qualifying property.  The record in docket No. 24753-89               
          does not disclose whether Friedman carried forward or back his              
          unused credits.                                                             
          3    Respondent allowed $321 in investment tax credits related to           
          other property not at issue herein.                                         







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