Estate of Romine C. Hogard, Deceased, James C. Elliott, Personal Representative, and Bill F. Stewart, Personal Representative, and Wanda L. Hogard, et al. - Page 16

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          Respondent also disallowed all of the investment tax credit                 
          carrybacks claimed by petitioners.  Respondent also determined              
          that petitioners were liable for additions to tax as set forth in           
          the opening paragraphs of this opinion and that the                         
          increased rate of interest under section 6621(c) was applicable             
          to each year in issue.                                                      
               Petitioners have stipulated substantially the same facts               
          concerning the underlying transactions as we found in Provizer v.           
          Commissioner, T.C. Memo. 1992-177, with the exception of certain            
          facts concerning the Provizers, the expert opinions, and other              
          matters that we consider of minimal significance.                           
               Those facts may be summarized as follows.  In 1981, PI                 
          manufactured and sold six Sentinel EPE Recyclers to ECI Corp. for           
          $981,000 each.  ECI Corp., in turn, resold the recyclers to F&G             
          Corp. for $1,162,666 each.  F&G Corp. then leased the recyclers             
          to Clearwater, which licensed the recyclers to FMEC Corp., which            
          sublicensed them back to PI.  The sales of the recyclers from PI            
          to ECI Corp. were financed with nonrecourse notes.  Approximately           
          7 percent of the sales price of the recyclers sold by ECI Corp.             
          to F&G Corp. was paid in cash with the remainder financed through           
          notes.  These notes provided that 10 percent of the notes were              
          recourse but that the recourse portion of the notes was only due            
          after the nonrecourse portion, 90 percent, was paid in full.                
               All of the monthly payments required among the entities in             





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