Stephen Kowalchuk - Page 3




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          agreements provided that the end-users would transfer to PI 100               
          percent of the recycled scrap in exchange for payment from FMEC               
          based on the quality and amount of recycled scrap.  All of the                
          foregoing transactions were executed simultaneously.                          
               The sale of the recyclers from PI to ECI was financed with               
          nonrecourse notes.  Approximately 7 percent of the sales price of             
          the recyclers sold by ECI to F&G Corp. was paid in cash, and the              
          remainder was financed through notes.  The notes provided that 10             
          percent of the amount thereof was recourse but that the recourse              
          portion was due only after the nonrecourse portion had been paid              
          in full.  All of the monthly payments required among the entities             
          in the above transactions offset each other.                                  
               In Provizer v. Commissioner, supra, we found that the market             
          value of a Sentinel Recycler in 1981 did not exceed $50,000 and               
          that the nuts and bolts, or manufacturing, cost was $18,000.                  
          Other recycling machines were commercially available during the               
          years in issue in Provizer v. Commissioner, supra.                            
          B.  Petitioner’s Introduction to Plastics Recycling                           
               Petitioner is a civil engineer by training, and during 1982              
          he was a self-employed real estate broker.  A personal friend and             
          business associate, Ira Sullivan (Mr. Sullivan), gave petitioner              
          a prospectus for SAB Recycling Associates (SAB), a limited                    
          partnership, formed “to exploit steam chest molded expanded                   
          polystyrene recycling equipment (the ‘Sentinel EPS Recyclers’).”              






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