John Sann and Marianne Sann, et al. - Page 27

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          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.                                                            

                                                                                     



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