Martin H. Tonn and Lorraine A. Tonn - Page 9




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          meeting. $920,000.00 Alternative Energy Property only.”  The                
          response further states that “Loss of IEEI property not part of             
          this claim.”  The appraisal by Russell Associates was performed             
          to estimate the value of the prototype farm energy system                   
          equipment and technology which was sold to the Alternative Energy           
          entities.6  The appraisal values Mr. Tonn’s labor for the years             
          1969 through 1983 at $920,250.                                              
               Petitioners admit that they were not the taxpayers in the              
          alleged seizure activities in March of 1987 and that they are not           
          seeking damages for any property owned by IEEI.7  Petitioners               
          argue that the value of Mr. Tonn’s labor was in the hard assets             
          of the equipment of the Alternative Energy entities.                        
          Additionally, petitioners claim that the alleged seizure                    
          activities “wrongfully confiscated Tonn’s labor contribution in             
          inventory and equipment” and these activities “destroyed Tonn’s             
          hope for future income from the sales of the seized property and            
          equipment.”  Petitioners do not dispute respondent’s factual                
          allegations that (1) petitioners are claiming a loss of $920,000,           

               6The appraisal valued the equipment components at $175,500             
          and the research and development investment at $1,258,926.  After           
          adjusting for other factors, the appraisal concluded that the               
          value of the prototype equipment was $1,200,000.  The appraisal             
          contains a table valuing the labor put into the equipment and               
          then allocating that labor to different components of the                   
          equipment.                                                                  
               7Thus, petitioners could not have incurred a loss with                 
          respect to any property owned by IEEI.  See, e.g., Rink v.                  
          Commissioner, 51 T.C. 746, 752-753 (1969).                                  





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