Oreland A. and Lucille S. Thornsjo - Page 5




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          Hyannis, Massachusetts, manufactured and sold3 four Sentinel EPS4           
          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 and a 12-year nonrecourse             
          promissory note of $1,407,250.                                              
               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 balance financed               
          through a partial recourse promissory note of $1,621,750.  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.                                          
               In turn, F&G leased the recyclers to Hamilton.  Pursuant to            
          the lease and in accordance with applicable provisions of the               


          3    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.                                                       
          4    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, supra; 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).                                 




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