- 23 - regarding such benefits. G. Ultimate Finding Regarding Petitioner’s Motivation Petitioner invested in Whitman principally because the investment offered immediate tax benefits in excess of his investment. H. Events Leading to the Filing of Petitioners’ 1982 Return Early in 1983, petitioner received from Sam Winer a Schedule K-1 (Partner’s Share of Income, Credits, Deductions, etc.) for the Whitman partnership for the taxable year 1982. The Schedule K-1 disclosed that petitioner’s share of Whitman’s loss for 1982 was $11,852 and that petitioner’s share of the partnership’s basis in the 4 EPS recyclers for investment credit purposes was $116,200. Although these amounts were actually consistent with the tax benefits promised in the offering memorandum, petitioner was sensitive to their magnitude and mindful of the fact that they might flag his investment as a tax shelter. Petitioner was also uncertain how to convert his share of the partnership’s basis in the recyclers into the regular investment tax credit and the energy tax credit on his individual return. Accordingly, petitioner contacted a certified public accountant for assistance.8 The accountant that petitioner contacted was unable to help 8 Petitioner did not contact his brother because petitioner did not disclose personal financial information to him.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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