Donald N. and Rosemarie F. Merino - Page 13

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               In 1981, through a nominee, petitioner acquired a 24-percent           
          interest in two limited partnership units in Northeast for                  
          $24,000.4  As a result of petitioner's investment in Northeast,             
          on their 1981 return petitioners claimed an operating loss in the           
          amount of $19,526.16, and investment tax and business energy                
          credits totaling $22,431.29.5  Petitioners carried back a total             
          of $18,279 in unused business energy credits to their 1978, 1979,           
          and 1980 returns.6  Respondent disallowed petitioners' claimed              
          operating loss and credits related to Northeast in full.                    
               Petitioner learned of the Plastics Recycling transactions              
          and Northeast from a personal friend Norman Lewis (Lewis), who              
          was a C.P.A.  Lewis was considering the Plastics Recycling                  
          transactions for some of his clients, and he asked petitioner to            
          examine the proposal.  Petitioner agreed to do so, and Lewis sent           
          him the offering materials for Northeast and another Plastics               
          Recycling partnership.  Before and after reviewing the offering             
          materials, petitioner spoke to Roberts.  Petitioner questioned              
          whether PI was "a real company" and whether it had a "real                  

          4    Petitioner's nominee was Norman Lewis (Lewis).  Lewis                  
          acquired a 10.421050-percent interest in Northeast for $100,000.            
          Petitioners therefore indirectly owned an approximately 2.5                 
          percent interest in Northeast (24 percent x 10.421050 percent =             
          2.5 percent).                                                               
          5    Petitioners' interest in Northeast generated $20,355 in                
          investment tax credits and $20,355 in business energy credits.              
          However, their business energy credit was subject to limitation             
          in the amount of $2,326.                                                    
          6    The record does not reveal the respective amounts of the               
          claimed carrybacks to petitioners' 1978, 1979, and 1980 returns.            



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