Stephen Kowalchuk - Page 5




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          though he was a engineer by training, petitioner did no research              
          with respect to whether there were comparable recyclers and what              
          were the value of the machines.                                               
          C.  Petitioner’s Interest in SAB and the Tax Returns                          
               In 1982, petitioner invested $5,500 in Overview Associates               
          (Overview), a partnership, which in turn had a 19.974705-percent              
          interest in SAB.  On its 1982 partnership return, SAB reported                
          that each of the four recyclers had a basis of $1,750,000 and                 
          that its bases for the purposes of the investment and business                
          energy tax credits were $7 million.  In Provizer v. Commissioner,             
          supra, we found that of the $7 million only 7 percent was paid in             
          cash.  Overview, the second tier-partnership, reported its                    
          aliquot share of the tax credits and deductions.  On his 1982                 
          Federal income tax return, petitioner claimed an ordinary loss of             
          $4,298 and reported a $44,841 basis eligible for the investment               
          tax credit upon which an investment tax credit of $2,814 was                  
          claimed by petitioner.                                                        
               SAB was a so-called TEFRA partnership to which the                       
          provisions of sections 6221 through 6233 apply.  On August 18,                
          1993, this Court entered a decision in SAB Recycling Associates               
          1982 v. Commissioner, docket No. 4504-92.  Based on the decision              
          in that case, respondent issued a notice of deficiency for so-                
          called affected items to petitioner for the additions to tax                  








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