- 13 - 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.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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