- 13 - 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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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