Sharon Lee Bartlett, F.K.A. Heitzman - Page 37

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               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.                                           


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