Earl E. Cloud, Jr. and Sheila S. Cloud - Page 11




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          his testimony does not establish that there was any actual                  
          agreement to transfer the equipment before the summer of 1988,              
          when Pacer transferred the equipment to Venco.4                             
               On brief, petitioners argue that even if petitioner did not            
          acquire title to the manufacturing equipment until September                
          1988, he should be viewed as acquiring beneficial or                        
          constructive ownership of the equipment in the fall of 1987.                
          The facts indicate otherwise.  Petitioners’ Federal income tax              
          returns state that the manufacturing equipment depreciated on               
          those returns was acquired by petitioners on July 1, 1988.5  The            
          record does not show that petitioner assumed any economic                   
          obligations with regard to the equipment in the fall of 1987.               
          Nor does the record credibly establish that petitioner’s                    
          involvement with the equipment before September 1988 was other              
          than in his capacity as shareholder and manager of Pacer, which             






               4 The testimony of Stan Rowe and the affidavit of John Ford,           
          upon which petitioners also rely, merely indicate that work                 
          occurred on the Ford order in late 1987 and early 1988, and do              
          not establish that petitioner owned the manufacturing equipment             
          at those times.                                                             
               5 On brief, petitioners suggest that they reported acquiring           
          the equipment on July 1, 1988, because they were using the half-            
          year convention provided under sec. 1.167(a)-11(c)(2)(iii),                 
          Income Tax Regs.  Petitioners’ explanation, however, is                     
          inconsistent with their argument that they acquired the equipment           
          in 1987.                                                                    





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