Camille D. Sands, et al. - Page 17

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               3.  Murphy's Percentage Ownership of Lone Star in 1989                 
               Lone Star's Schedules K-1, Partner's Share of Income,                  
          Credits, Deductions, Etc. (K-1), attached to the Forms 1065 show            
          the following partners and ownership percentages in Lone Star:              
                             1984      1985     1986       1989                      
               Sands     5              7    7.5         --                           
               Heller    50             50     50           50                        
               Murphy    15             15     9.32         50                        
               Miller    15             15     15          --                         
               Wiener           15       18.18   18.18       --                       
                   Total     100       105.18  100         100                       
          Lone Star's 1988 Form 1065 indicates that Lone Star consisted of            
          five partners and that the partnership had no activity in 1988.             
          There are no K-1's attached to Lone Star's 1988 Form 1065.  If              
          there was a 1987 Form 1065, it is not part of the record.                   
               Murphy argues that he did not own 50 percent of Lone Star in           
          1989 and that amounts received by Lone Star in 1989 should be               
          allocated to all five partners according to the 1986 ownership              
          percentages.  We agree.  By 1989, Lone Star was settling its                
          disputes with Eltech, Electro, and/or Micro-Bio.  We find that              
          the ownership interests for the taxable year 1989 are the same as           
          the ownership interests shown on Lone Star's 1986 Form 1065.                
          Murphy intended the 1989 K-1's to reflect that he and Heller were           
          the only partners with any active involvement in Lone Star during           
          1989, and their involvement stemmed from the ongoing dispute with           




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