William and Arlene G. Kingston - Page 14

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            applied; otherwise a limited partner's liability would apply as                           
            each installment of the Limited Recourse Note became due).                                
            Petitioner's Decision To Invest                                                           
                  On November 1, 1985, petitioner executed subscription                               
            documents to purchase one-half of one unit in the partnership,                            
            for which he paid a total of $20,000 cash over the period from                            
            November 1985 through June 1987.9  Pursuant thereto, petitioner                           
            was required to, and did, therefore, assume personal liability                            
            for his pro rata portion of the Limited Recourse Note in the                              
            amount of $57,289.                                                                        
            Procedural Background                                                                     
                  Respondent issued two Notices of Final Partnership                                  
            Administrative Adjustment (the FPAA's) to the partnership for the                         
            tax years 1985 and 1986 on April 20, 1992.  On July 17, 1992, the                         
            partnership filed a petition with this Court challenging the                              
            correctness of the FPAA, but making no claim that it was not                              
            timely.  That case was captioned Hambrose Leasing v.                                      
            Commissioner, under docket No. 16262-92 (Hambrose II).                                    
                  On September 1, 1992, this Court issued its opinion in a                            
            related case, pertaining to the 1984 tax year, Hambrose Leasing                           
            v. Commissioner, 99 T.C.  298 (1992) (Hambrose I).  In Hambrose                           
            I, this Court held that the issue of whether a partner is at risk                         

            9     Petitioner paid $4,600 cash on Nov. 1, 1985, and signed an                          
            Investor Note in the amount of $15,400, which he paid on over the                         
            following 2 years.                                                                        




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