- 25 - It is clear from the records that none of petitioners carefully considered the risk factors mentioned in the offering memoranda. On their face, the Partnership transactions should have raised serious questions in the minds of ordinarily prudent investors. According to the Northeast and Hyannis offering memoranda, the projected benefits for taxable year 1981 were, for each $50,000 investor, investment tax credits of $84,813 and $79,200, respectively, plus deductions of $40,174 and $42,491, respectively, all in the initial year of investment.10 In the first year of the investments alone, the Stones and Cotes claimed operating losses in the respective amounts of $20,340 and $40,646, plus investment tax and business energy credits in the respective amounts of $42,406 and $79,194 ($4,583 of which was carried back to 1980). Therefore, like the taxpayers in Provizer v. Commissioner, supra, except for a few weeks at the beginning, none of petitioners ever had any money in the Partnerships. A reasonably prudent person would not conclude without substantial investigation that the Government was providing significant tax benefits to taxpayers who took no business risk and made no investment of their own capital. McCrary v. Commissioner, 92 T.C. 827, 850 (1989). 10 In both cases the parties stipulated that the offering memoranda projected tax benefits of $86,328 in investment tax credits and $39,399 in deductions. There is no explanation for this discrepancy in the record.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011