- 10 - The facts pertinent to the instant case relating to the structure, formation, and operation of Blythe II are as discussed in Utah Jojoba I Research v. Commissioner, T.C. Memo. 1998-6, with the exception of a few specific dates and dollar amounts. Blythe II was organized in December 1982 as a limited partnership for the described purpose of conducting research and development (R&D) involving the jojoba plant. The offering, dated November 30, 1982, provided for a maximum capitalization of $2,968,000 consisting of 350 limited partnership units at $8,480 per unit. Each unit required a cash downpayment of $2,500 and a non- interest-bearing promissory note in the principal amount of $5,980 payable in 10 annual installments with an acceleration provision in the event of default. The offering was limited to investors with a net worth (exclusive of home, furnishings, and automobiles) of $150,000, or investors whose net worth was $50,000 (exclusive of home, furnishings, and automobiles) and who anticipated that, for the taxable year of the investment, they would have gross income equal to $65,000, or taxable income, a portion of which, but for tax-advantaged investments, would be subject to a Federal income tax rate of 50 percent. Petitioners' investment was for four limited partnership units, which required an initial down payment of $10,000 and execution of a promissory note for $23,920. Petitioners were to make payments of $2,600 each year from 1983 through 1985, $2,100Page: 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