Frank E. Acierno - Page 7

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          partnership investments in, and the activities of, Barton as                
          described and as found in Krause.                                           
               On the basis of the evidence admitted at the hearing on the            
          show cause order and for the reasons stated below, we conclude              
          that, for Federal income tax purposes, petitioner’s limited                 
          partnership investment in Drake, the activities of Drake, and the           
          purported debt obligations of Drake are not distinguishable from            
          the investments in, the activities of, and the purported debt               
          obligations of Barton as described in the Krause opinion.                   
          Discussion                                                                  
               In late 1978 or 1979, Winsor Savery, Richard B. Basile, E.             
          Barger Miller, Werner Heim, Robert Shaftan, William Conklin, and            
          other tax shelter promoters who had no significant experience               
          with oil and gas investments began forming tax shelter limited              
          partnerships (including Drake and Barton) with the stated general           
          investment objectives of drilling for oil and natural gas and of            
          obtaining the rights to certain EOR technology that might be                
          developed and become valuable if oil prices continued to rise               
          dramatically in subsequent years.                                           
               Partnerships were formed each year from 1979 through 1984,             
          with slight differences in general partners, structure,                     
          properties, and activities depending on the year the partnerships           
          were formed.  Drake was formed as a 1981 Denver partnership with            
          Louis Coppage as the individual general partner.  Barton was                
          formed as a 1982 Wichita partnership with Gary Krause as the                




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