William and Joan Spears - Page 21

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          claimed operating losses and credits related to their interests             
          in SAB Recycling and SAB Associates.                                        
               In 1982, Farrell acquired a 4.5-percent limited partnership            
          interest in SAB Reclamation for $25,000.13  On their 1982 return,           
          he and his wife Clotilde claimed an operating loss in the amount            
          of $20,050 and investment tax and business energy credits                   
          totaling $41,856,14 both flowing from his interest in SAB                   
          Reclamation.  The Farrells also claimed an operating loss in the            
          amount of $1,906 with respect to SAB Associates.15  Respondent              
          disallowed all but $386 of the Farrell's 1982 claimed operating             
          losses and credits related to SAB Reclamation and SAB                       
          Associates.16                                                               

          13   Farrell testified that he believed he had invested $20,000.            
          His Form K-1, Partner's Share of Income, Credits, Deductions,               
          etc., attached to SAB Reclamation's partnership return, indicates           
          that he invested $25,000.  We note that the $25,000 figure is the           
          gross amount Farrell invested, unreduced by any rebated sales               
          commission or his share of any advance royalty distributed to               
          him.                                                                        
          14   The regular investment tax credit claimed by Farrell and his           
          wife totaled $21,314, but only $20,928 of that amount was                   
          attributable to SAB Reclamation.                                            
          15   As noted, respondent and Farrell stipulated that for taxable           
          year 1982, he and his wife are entitled to deduct $381 with                 
          respect to their interest in SAB Associates.                                
          16   Respondent explained in the notice of deficiency that                  
                                                             (continued...)           









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