Robert Michael Garner - Page 3

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          otherwise stated, section references are to the Internal Revenue            
          Code in effect for the year in issue.                                       
                                  FINDINGS OF FACT                                    
               The stipulated facts and exhibits submitted therewith are              
          incorporated herein by this reference.  When he petitioned the              
          Court, petitioner resided in Salisbury, Maryland.  Petitioner               
          filed a 1982 Form 1040, U.S. Individual Income Tax Return.  The             
          income that he reported on that return included $11,945 of wages,           
          salaries, tips, etc.; $23,489 in dividends; and $325,491 of                 
          business income.                                                            
               Petitioner purchased a 4.95-percent limited partnership                
          interest in Elite in December 1982.  Elite was formed on                    
          December 15, 1982, with 18 partners.  Its principal business                
          activity was leasing energy conservation equipment, with a view             
          to making use of the energy credit under section 48(l).                     
               On or about October 17, 1983, Elite filed its 1982 Form                
          1065, U.S. Partnership Return of Income.  On this return, Elite             
          reported that it had purchased $1,365,141 in energy equipment in            
          1982, and claimed depreciation and energy credits with respect              
          thereto.  Petitioner's 1982 Form 1040 reported his $2,281 share             
          of Elite's depreciation, and it reported his $9,825 share of                
          Elite's energy credit.                                                      
               In December 1986, petitioner moved abroad to lecture at                
          Massey University in New Zealand.  During 1987, while in New                





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