-5- container as well as yield a profit, he understood that if the monthly earnings from the container rental were insufficient to meet monthly expenses, he would be required to pay the difference. Petitioner never saw or possessed the container. Petitioner received periodic statements from FoodSource with respect to his interest in the container that purported to show rental revenues generated and expenses incurred. He eventually discovered that the revenue information contained in these statements was false. Petitioner made three payments in 1984 to FoodSource totalling $2,655.95 for 1984. The purpose of these payments is unknown. In 1990, petitioner was notified that the Budd Co. had possession of his container,6 and that the Budd Co. was planning to sell it. The Budd Co. offered to sell the container to petitioner and Mr. Tom Ream (the other 50-percent interest holder) for $22,000. Neither petitioner nor Mr. Ream chose to accept this offer. Eventually, the container was sold at auction. FoodSource filed for bankruptcy in 1984. In 1990, petitioner paid $25,000 on his recourse note to FoodSource’s trustee in bankruptcy. Closing Agreement On their tax returns for 1979, 1980, 1982, and 1983, petitioners claimed credits, deductions, and losses with respect to 6 The record is devoid of any evidence as to why the Budd Co. possessed the container at that time.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011