Robert Gottsegen - Page 13

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          arrange for any scrap produced by the end-users to be further               
          reprocessed and sold.  PI agreed to maintain and repair the                 
          machines.                                                                   
               On December 1, 1982, in a series of transactions similar to            
          those of the Clearwater Group partnership in Provizer v.                    
          Commissioner, supra, petitioner purchased two Sentinel EPS                  
          recyclers for a total of $3,500,000.5  Petitioner then entered              
          into a joint venture agreement with RRI and PI for the                      
          "exploitation" of his recyclers.  Thus, the significant                     
          transactions of petitioner's purchase of the Sentinel EPS                   
          recyclers 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) petitioner's participation in a joint venture             
          after purchasing the recyclers; and (4) the number of machines              
          sold, leased, licensed, and sublicensed.                                    
               Petitioner, as the sole owner of RRI, was responsible for              
          placing his Sentinel EPS recyclers with end-users.  Because                 
          petitioner was also responsible for placing other investors'                
          Sentinel EPS recyclers with end-users, he could not place his               
          recyclers in the most profitable locations; i.e., locations with            
          the most expanded polystyrene to recycle.  Rather, the most                 


               5 Petitioner purchased the Sentinel EPS recyclers for cash             
          in the amount of $135,000 and a note in the amount of $3,365,000.           
          It does not appear that petitioner made any payments on the note.           




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