Mark Friedman - Page 28

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          and $39,162, respectively.  For his $12,500 investment in                   
          Clearwater, Friedman claimed an operating loss in the amount of             
          $10,002, and investment tax and business energy credits in the              
          amount of $9,29010 on his 1981 return.  As a result of Alter's              
          $12,500 investment in Poly Reclamation, on their 1981 return he             
          and his wife Deborah claimed an operating loss in the amount of             
          $9,976 and investment tax and business energy credits totaling              
          $21,584.                                                                    
               The investment tax and business energy credits generated by            
          the Partnerships and available to petitioners equaled 173 percent           
          of their cash investments.  Therefore, after adjustments of                 
          withholding, estimated tax, or final payment, and possible                  
          carryback or carryover in Friedman's case, like the taxpayers in            
          Provizer v. Commissioner, T.C. Memo. 1992-177, "except for a few            
          weeks at the beginning, petitioners never had any money in the *            
          * * [Partnership transactions]."  In view of the                            
          disproportionately large tax benefits claimed on petitioners'               
          Federal income tax returns, relative to the dollar amounts                  
          invested, further investigation of the Partnership transactions             
          clearly was required.  A careful consideration of the materials             


          10   As noted, the total amount of investment tax and business              
          energy credits flowing from Clearwater to Friedman in 1981--                
          $21,584--was subject to limitation.                                         







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