Lowell L. and Marilyn A. Robertson - Page 14




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                  The experts who testified at the first trial on behalf              
             of each of the parties valued the contingent rents and                   
             residual value of the equipment at the end of the master                 
             leases as follows:                                                       
                                     Lyons     Lyons                                 
                                       Minimum     Maximum     Blumenthal             
                  Contingent rent     $659,363   $925,877      $417,179               
                  Residual value      8,135      470,074        10,000                
                 Total               667,498    1,395,951       427,179              

             We adopted the view of respondent's expert, Mr. S. Paul                  
             Blumenthal, that $427,179 was the maximum amount that would              
             be recouped by the unitholders.  Accordingly, we found that              
             they could not recoup their cash payment of $954,000 and,                
             thus, could not realize an economic profit.  This analysis               
             is similar to that applied in other court cases.  See                    
             Rice's Toyota World, Inc. v. Commissioner, 752 F.2d 89                   
             (4th Cir. 1985); Estate of Strober v. Commissioner, T.C.                 
             Memo. 1992-350; Mele v. Commissioner, T.C. Memo. 1988-409;               
             Dobbs v. Commissioner, T.C. Memo. 1987-361.                              
                  There are several aspects of the testimony of                       
             petitioners' expert, Mr. Esmond C. Lyons, Jr., that should               
             be noted.  First, the aggregate minimum economic benefit,                
             $667,498, and the aggregate maximum economic benefit,                    
             $1,395,951, are both substantially less than the economic                
             benefit set forth in the Projections that accompanied the                






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