John C. Vanderschraaf and Cornelia Vanderschraaf, et al. - Page 7

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               The multimillion dollar license fees and lease royalties               
          that Boulder, Tech-1979, and Winfield agreed to pay were                    
          excessive, did not reflect arm's-length debt obligations, and are           
          not to be recognized as legitimate obligations of the                       
          partnerships.  The license fees and lease royalties to which                
          Boulder, Tech-1979, and Winfield agreed, and the related debt               
          obligations, do not constitute legitimate, genuine debt                     
          obligations and are to be disregarded.                                      
               On partnership information returns of Boulder, Tech-1979,              
          and Winfield, petitioners were identified as partners, and on               
          petitioners' respective individual Federal income tax returns for           
          the years in issue, they reported their distributive share of the           
          substantial claimed losses and credits relating to Boulder, Tech-           
          1979, and Winfield.  By claiming these flowthrough partnership              
          losses, petitioners repeatedly represented to respondent the                
          existence of these partnerships and petitioners' status as                  
          partners of the partnerships.                                               
               It was the general partners and the promoters of Boulder,              
          Tech-1979, and Winfield, not the limited partners, who controlled           
          the transactions and activities of the partnerships.  Actions and           
          intent of the general partners with regard to Boulder, Tech-1979,           
          and Winfield, including the profit objective of the partnerships            
          or lack thereof, are attributable to petitioners.  See Utah Code            
          Ann. secs. 48-1-9, -11 to -15, -17, -18; 48-2a-403 (1994).                  






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