Wayne and Pamela Berry - Page 6




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          deciding to invest in Whitman he “felt confident of * * *                   
          [Clothier’s] ability and expertise” because in “all of the * * *            
          [investments] that I’ve been involved with Kirk [Clothier], he              
          has invested in the same ones”.  Petitioner also explained that             
          the Whitman Recycling transaction “was the second involvement I             
          had with Kirk Clothier.”                                                    
               Petitioner was introduced to the Whitman investment by                 
          Clothier.  Clothier explained to petitioner that investing in               
          Whitman could serve three purposes:  To make money, to shelter              
          taxes, and to help the environment.  Petitioners paid $25,000 for           
          a 2.75-percent limited partnership interest in Whitman.                     
          Petitioners did not personally review Whitman’s offering                    
          memorandum or investigate Whitman before becoming participants in           
          the partnership.  Nor did petitioners have any education or work            
          experience in the plastics materials or the plastics recycling              
          industry.                                                                   
               As a result of their payment of $25,000 for their interest             
          in Whitman, petitioners claimed on their 1982 Federal income tax            
          return a net operating loss deduction of $19,635.  They also                
          claimed investment credits totaling $38,763, which was limited to           
          their 1982 income tax liability (as reduced by the partnership              
          loss) of $24,815.  Of the $13,948 balance of the unused credits,            
          $8,007 was carried back to 1979, generating a tax refund claim of           








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