William G. and Debra C. Kellen - Page 14




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         petitioner determining additions to tax for negligence and                   
         substantial understatement of tax liability.  See sec. 6230(a);              
         N.C.F. Energy Partners v. Commissioner, 89 T.C. 741, 744 (1987);             
         Maxwell v. Commissioner, 87 T.C. 783, 792 n.9 (1986).  It is                 
         those additions to tax that are in issue in the present case.                
         J. Epilogue: Demise of the Jojoba Partnerships                               
              The jojoba partnerships proved to be financial failures.  In            
         October 1991, some 30 to 40 jojoba partnerships under contract               
         with U.S. Agri were consolidated into one large limited                      
         partnership, Jojoba Plantation Ltd.  Sometime thereafter, Jojoba             
         Plantation Ltd. filed a petition in bankruptcy under chapter 7 of            
         the Bankruptcy Act.  See Utah Jojoba I Research v. Commissioner,             
         supra.                                                                       
              At trial, petitioner testified that the jojoba partnerships             
         failed because of the Internal Revenue Service.14  At a previous             
         trial, petitioner testified that “the collapse, basically, of the            
         tax incentive for doing jojoba” contributed to the partnerships’             
         failure.  See id.                                                            








               14 Petitioner’s sole third-party witness suggested a                   
          different reason:  That no commercially viable method of                    
          harvesting jojoba was ever developed.                                       





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