- 37 - In Osterhout v. Commissioner, supra, we found that the recourse notes issued by the limited partners to the sublessor of the land leased to the partnerships in issue were “merely * * * a facade to support the current deductibility of the amounts accrued as MAR [minimum annual royalties]”. The recourse notes given to Craig and R.H. Energy and the assumption agreements signed by the 35 individuals who bought partnership units in Stonehurst served exactly the same purpose. In Osterhout v. Commissioner, supra, the possibility of payment of the notes was so remote as to be illusory. The likelihood of payment of the notes to Craig and R.H. Energy was just as illusory. On December 29, 1986, Wind River sent a letter to the Stonehurst limited partners inviting them to sign an agreement that would relieve the principals in Stonehurst of all liabilities and “reduce” the liabilities of the limited partners by providing a means to pay them down and by further delaying the due date of the principal until December 31, 2001. Such an offer, completely unsupported by reference to any discernible economic reality, suggests that Craig did not entertain any realistic possibility of being paid in the absence of actual oil 15(...continued) grossly erroneous. Like the Martin law firm opinion letter in Osterhout v. Commissioner, supra, with respect to additions to tax for negligence and whether it was reasonable in the circumstances of that case for the taxpayers to rely on it, the Meserve firm’s opinion letter is germane in this case only as a factor in determining whether petitioner had reason to know of the grossly erroneous deductions.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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