James H. Upchurch - Page 24

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          transaction.  For the reasons already expressed herein,                       
          petitioner's motivation for investment in the energy device was               
          to obtain the tax benefits, and his actions do not support his                
          claim that he intended or expected to earn profits upon                       
          retirement or otherwise.  Accordingly, we hold that petitioner is             
          liable for the increased interest in each tax year.                           
               To reflect the foregoing and due to concessions,                         
                                              Decision will be entered                  
                                         under Rule 155.                                































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Last modified: May 25, 2011