- 27 - result of his indirect investment in Foam, on his 1982 return Cohn claimed an operating loss in the amount of $4,232 and investment tax and business energy credits totaling $9,212.12 Respondent disallowed Cohn's claimed operating losses and credits related to his indirect investments in Empire and Foam in full, except for the operating loss from Empire claimed on his 1982 return. In addition, with respect to Empire, respondent determined that Cohn had a distributive share of income in the amount of $625 for 1981. Cohn learned of the Plastics Recycling transactions and the Partnerships from Maxfield. He reviewed an offering memorandum for approximately 3 to 4 hours and then questioned Maxfield about it. Cohn considered that the mechanics of the deal "would have been [Maxfield's] strong suit and not mine." He described his 12 On his 1982 return, Cohn claimed a total investment credit in the amount of $13,401. In his petition, Cohn asserts that his distributive share of Jabrilach Recycling's investment tax credit through Foam was $13,401. However, Cohn's 1982 Schedule K-1, Partner's Share of Income, Credits, Deductions, etc., attached to Jabrilach Recycling's 1982 Form 1065, indicates that Cohn's share of basis in the recyclers owned by Foam was $46,060. Accordingly, the total investment tax and business energy credits available to Cohn from his indirect interest in Foam was $9,212 ($4,606 each). Cohn's 1982 return indicates that the additional $4,189 in credits was comprised of $745 in investment tax credits from other qualifying property, and carried over business energy credits in the amount of $3,444. It is unclear from his 1982 return how much, if any, of the carried over business energy credits was from Empire. Respondent disallowed Cohn's claimed credits in full.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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