Mato L. Marinovich and Daphne Marinovivch - Page 6




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               Contrary to the above authority and for the limited purpose            
          of determining the deductibility of losses under section                    
          165(c)(2) relating to the amount of cash invested in                        
          partnerships, petitioners argue that the absence of a profit                
          objective at the partnership level should be irrelevant, and the            
          profit objective test should be measured only at the individual             
          partner level.  Petitioners rely on Echols v. Commissioner, 935             
          F.2d 703, 709 (5th Cir. 1991), revg. and remanding 93 T.C. 553              
          (1989), as supporting a loss deduction for the amount of cash               
          they invested in White Rim.                                                 
               In Echols, however, the profit objective of the partnership            
          was not at issue.  The Echols case involved what was treated as a           
          legitimate for-profit partnership, and the Court of Appeals for             
          the Fifth Circuit addressed only the timing and manifestation of            
          the taxpayers' abandonment of their interest in the partnership             
          and the worthlessness of their interest in the partnership.                 
          Because the profit objective of the partnership was not                     
          challenged, the Court of Appeals for the Fifth Circuit in Echols            
          examined only the profit objective at the individual investor               
          level.                                                                      
               The parties stipulate that White Rim's transactions, for all           
          relevant purposes, were identical to those of Technology 1980,              
          one of the partnerships involved in Krause v. Commissioner,                 
          99 T.C. 132 (1992), in which we concluded that the activities and           





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