Sheldon M. Sisson - Page 6

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               The agreement was intended to constitute a preliminary                 
          understanding of the parties.  To summarize, it stated that                 
          (1) in Phase II the parties would draft a final and binding                 
          settlement agreement and (2) the investors would then be entitled           
          to deduct, in the first year of the partnerships' operation, 70             
          percent of the expenses generated by the partnerships'                      
          transactions.  The remaining 30 percent would be disallowed in              
          the first year, but investors would be entitled to deduct this              
          amount ratably in subsequent years.  Mr. Schulman and the IRS,              
          however, never executed a final and binding settlement agreement.           
               On October 12, 1984, petitioner filed his 1983 Federal                 
          income tax return.  The return claimed $162,460 of loss                     
          deductions from Schedule E (Supplemental Income Schedule)                   
          attributable to petitioner's allocable share of income and loss             
          from investments in Wolverine and Woodchuck.                                
               In Wolverine, Ltd. v. Commissioner, T.C. Memo. 1992-669,               
          affd. without published opinion 39 F.3d 1190 (9th Cir. 1994), we            
          disallowed Wolverine and Woodchuck's claims to interest                     
          deductions on their 1983 returns, on the grounds that the                   
          partnerships' transactions were tax motivated and lacked economic           
          substance.  Petitioner litigated that case on behalf of the                 
          partnerships as a partner other than the tax matters partner.               
               On September 23, 1993, respondent issued a notice of                   
          deficiency to petitioner.  In the notice, respondent determined             






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