- 11 - for which he paid a total of $40,000 in cash. The amount of recourse debt which petitioner assumed totaled $114,805. Prior to investing in the partnership, petitioner had never invested in an equipment leasing transaction. Petitioner spoke to his accountant, Joseph R. Levin, three times about his investment in the partnership. Petitioner never spoke to Barry Goldwater, Jr., the general partner of the partnership, Herman Finesod, the chairman of the board of Hambrose Reserve, or James Harber or Ron Finerty, the other officers of Hambrose Reserve, about this investment. Petitioner received the subscription documents on November 21, 1985, the day he signed them. Petitioner understood that the rents from Charterhouse would be used to offset debt payments to Hambrose. He was not concerned about the end-users because they were big companies. Petitioner understood that the partnership's promissory note on which he assumed personal liability would be paid in 1992. The partnership never asked petitioner for additional contributions. Petitioner knew that the investment would create tax losses, and he had seen a schedule of projected tax losses for each taxable year. Petitioner expected the investment to yield phantom income in the third or fourth year. Petitioner knew that phantom income is not an actual cash distribution. OPINION At-Risk We must now decide whether petitioners were at risk for their assumed liability in the context of the sale-leasebackPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011