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offer that was made available to some other taxpayers. We hold
that he is not entitled to the benefits of that settlement offer.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
The stipulated facts and the attached exhibits are incorporated
by this reference.2 H. Robert Feinberg (petitioner) resided in
New York, New York, at the time he filed the petition in this
case.
A. The Plastics Recycling Transaction
This case is part of the Plastics Recycling group of cases.
The issues in this group of cases center about a circular
multistep transaction involving the sale and lease of machines
designed to recycle plastic scrap. The additions to tax arise
from the disallowance of losses, investment credits, and energy
credits petitioner claimed with respect to a New York limited
partnership called SAB Foam Recycling Associates (SAB Foam).
For a detailed discussion of the transactions involved in
the Plastics Recycling cases, see Provizer v. Commissioner, T.C.
2 The parties have stipulated that testimony and
documentary evidence admitted in Cohen v. Commissioner, T.C.
Memo. 2003-303, and in Lewin v. Commissioner, T.C. Memo. 2003-
305, shall be admitted in the present case, subject to the
parties’ relevance objections, if any. In addition, the parties
have agreed to add to the record as exhibits the testimony of
Elliot Miller in Provizer v. Commissioner, T.C. Memo. 1992-177,
affd. per curiam without published opinion 996 F.2d 1216 (6th
Cir. 1993), and of Stuart Becker in Jaroff v. Commissioner, T.C.
Memo. 1996-527.
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