Keith E. and Marilyn B. West - Page 5




                                        - 5 -                                         
          Hyannis, Massachusetts, manufactured and sold2 four Sentinel EPS3           
          recyclers to Ethynol Cogeneration, Inc. (ECI) for $1,520,000                
          each.  The sale of the recyclers from PI to ECI was partially               
          financed with nonrecourse promissory notes.  For each recycler,             
          ECI agreed to pay PI $112,750 in cash, with the remaining balance           
          of $1,407,250 financed through a 12-year nonrecourse promissory             
          note.                                                                       
               Simultaneously, ECI resold the recyclers to F & G Equipment            
          Corp. (F&G) for $1,750,000 per machine.  For each machine, F&G              
          agreed to pay ECI $128,250 in cash, with the remaining balance of           
          $1,621,750 financed through a purportedly partial recourse                  
          promissory note.  The note was recourse to the extent of 20                 
          percent of its face value.  However, the recourse portion was               
          payable only after the nonrecourse portion was satisfied.                   



          2    Terms such as sale and lease, as well as their derivatives,            
          are used for convenience only and do not imply that the                     
          particular transaction was a sale or lease for Federal tax                  
          purposes.  Similarly, terms such as joint venture and agreement             
          are also used for convenience only and do not imply that the                
          particular arrangement was a joint venture or an agreement for              
          Federal tax purposes.                                                       
          3    EPS stands for expanded polystyrene.  The case of Provizer             
          v. Commissioner, T.C. Memo. 1992-177, affd. per curiam without              
          published opinion 996 F.2d 1216 (6th Cir. 1993), involved                   
          Sentinel expanded polyethylene (EPE) recyclers.  However, the EPS           
          recycler partnerships and the EPE recycler partnerships are                 
          essentially identical.  See Davenport Recycling Associates v.               
          Commissioner, T.C. Memo. 1998-347, affd. 220 F.3d 1255 (11th Cir.           
          2000); see also Ulanoff v. Commissioner, T.C. Memo. 1999-170                
          (same); Gottsegen v. Commissioner, T.C. Memo. 1997-314 (involving           
          both the EPE and EPS recyclers).                                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011