Robert Gottsegen - Page 11

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               On October 7, 1981, in a series of transactions similar to             
          those of the Clearwater Group partnership in Provizer v.                    
          Commissioner, T.C. Memo. 1992-177, affd. without published                  
          opinion 996 F.2d 1216 (6th Cir. 1993), petitioner purchased                 
          outright one Sentinel EPE recycler from ECI Corp. for                       
          $1,162,667.4  As prearranged, petitioner leased the recycler to             
          FMEC Corp.  Thus, the significant transactions of petitioner's              
          purchase of the Sentinel EPE recycler differ from the underlying            
          transactions in Provizer in the following respects: (1) The form            
          of petitioner's interest in the equipment; (2) the entity from              
          which petitioner's interest was obtained; (3) the fact that                 
          equipment was leased, rather than licensed, to FMEC Corp.; and              
          (4) the number of machines sold, leased, licensed, and                      
          sublicensed.                                                                
               As of October 7, 1981, there was no established market for             
          operating Sentinel EPE recyclers.                                           
               Petitioner never made a profit in any year from his Sentinel           
          EPE recycler.                                                               
               2.   Petitioner's Purchase of the Sentinel EPS Recyclers               
               In 1982, PI manufactured Sentinel EPS recyclers which                  
          recycled expanded polystyrene.  Bambara showed petitioner the               
          blueprints of the machine and explained to petitioner that the              


               4 Petitioner purchased the Sentinel EPE recycler for cash in           
          the amount of $43,700 and notes in the amount of $1,118,967.  It            
          does not appear that petitioner made any payments on the note.              




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