Bevel M. and Patricia N. Hoffpauir - Page 7

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          credits of $2,924 for 1980, $1,970 for 1981, and $2,381 for 1982.           
          Respondent disallowed the loss and the investment tax credit.               
               Petitioners received a total tax refund of $9,629.10 from              
          their $4,850 payment for an interest in Century, based on                   
          claiming an investment tax credit in 1983, which they carried               
          back to 1980, 1981, and 1982.  By notice of deficiency dated                
          December 11, 1986, respondent disallowed the investment tax                 
          credit for petitioners' investment in Century for 1980, 1981,               
          1982, and 1983.                                                             
                                      OPINION                                        
          1.   Whether Petitioners May Deduct the Amount of Cash That                 
               They Invested in Century Concepts, Inc.                                
               Respondent determined that the Century investment program              
          was a sham designed to obtain deductions for purported tax                  
          losses, tax credits, and nondeductible items.  Respondent's                 
          determination is presumed to be correct, and petitioners bear               
          the burden of proving otherwise.  Rule 142(a).                              
               Petitioners contend that they may deduct the cash they                 
          invested in Century software because they had a profit objective            
          and because their investment was not tax motivated.                         
               A taxpayer may not deduct out-of-pocket cash losses                    
          under section 165(c)(2) from a tax shelter which lacks economic             
          substance, even if the taxpayer intended to make a profit.                  
          Mahoney v. Commissioner, 808 F.2d 1219, 1220 (6th Cir. 1987),               
          affg. Forseth v. Commissioner, 85 T.C. 127 (1985); Cherin v.                




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