- 18 - State and local tax refunds, capital gains, and other sources in excess of $300,000. In 1982, Mrs. Zenkel acquired a 9-percent limited partnership interest in SAB Reclamation for a gross investment of $50,000, without taking into consideration any sales commission rebate or advance royalty distribution. Based on Mrs. Zenkel's interest in SAB Reclamation, on their 1982 Federal income tax return the Zenkels claimed an operating loss in the amount of $40,100 and investment tax and business energy credits totaling $83,712. Their total credits claimed, $85,547, were subject to a limitation of $62,841. The Zenkels carried back the unused portion of the credits to 1979 and 1980. Respondent disallowed the Zenkels' claimed operating loss and credits related to Mrs. Zenkel's investment in SAB Reclamation. The Zenkels learned of the Plastics Recycling transactions and SAB Reclamation from Robert Steele (Steele), an accountant with Becker Co. At the time, Becker Co. prepared the Zenkels' Federal and State income tax returns. Mr. Zenkel had earlier met Steele and Becker on separate occasions during the mid-1970's. Mr. Zenkel initially met Becker in connection with some investment offerings with which Mr. Zenkel was involved. After Mrs. Zenkel also met Steele, the couple hired Becker Co. to handle their tax and related accounting needs. Steele provided Mrs. Zenkel with a copy of the SAB Reclamation offering memorandum. Mrs. Zenkel looked it over andPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011