- 6 - A section entitled “Tax Aspects” contains the following information concerning a legal opinion from outside counsel obtained by the general partner: The General Partner has received an opinion of counsel concerning certain of the tax aspects of this investment. The opinion * * * is available from the General Partner. Since the tax applications of an investment in the Partnership vary for each investor, neither the Partnership, the General Partner, nor counsel assumes any responsibility for tax consequences of this transaction to an investor. * * *The respective investors are urged to consult their own tax advisers with respect to the tax implications of this investment. * * * Counsel has concluded: * * * * * * * (4) * * * The deductions which may be available to the partnership under Section 174 (Research and Development) of the Internal Revenue Code are dependent upon the acceptance by the Internal Revenue Service or the courts of the Partnership’s characterization of the transaction as a payment of research and development fees to the Contractor. Finally, the investor subscription agreement required a subscriber upon purchase of an interest to aver that: He understands that an investment in the Partnership is speculative and involves a high degree of risk, there is no assurance as to the tax treatment of items of Partnership income, gain, loss, deductions of credit and it may not be possible for him to liquidate his investment in the Partnership. Petitioner purchased five units in the partnership for cash of $5,000 and a promissory note of $9,500. Petitioner made this investment in 1982 prior to the formation of the partnership on December 20, 1982. On their 1982 joint Federal income tax return, petitioners claimed a loss of $13,847 with respect toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011