H. Robert Feinberg - Page 16

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               On December 9, 1991, respondent issued a notice of final               
          partnership administrative adjustment (FPAA) to SAB Management              
          for 1982.  In the FPAA, respondent disallowed all items of                  
          income, losses, deductions, and credits reported with respect to            
          SAB Foam’s equipment leasing activities for 1982.  Accordingly,             
          respondent:  (1) Increased ordinary income by $662,556; (2)                 
          determined that SAB Foam’s investment and business energy tax               
          credits with respect to the recycling equipment were zero,                  
          instead of the $7 million claimed as the qualified investment on            
          the partnership tax return; and (3) increased SAB Foam’s “other             
          income” by $5,626.                                                          
               Subsequently, SAB Foam’s TMP filed a petition with the                 
          Court.  On September 7, 1993, the Court entered a decision in SAB           
          Foam Recycling Associates 1982 v. Commissioner, docket No. 5103-            
          92.  This decision reflected a full concession by SAB Foam of all           
          items of income (loss) and credit previously claimed for the                
          partnership.                                                                
          E.  Petitioner’s Introduction to Plastics Recycling                         
               In 1981 and 1982, petitioner, Cohen, and Lewin were partners           
          in LFC.  In 1981 Becker retained petitioner to advise him for his           
          own protection relating to SAB Resource, a limited partnership              
          structured substantially like SAB Foam.  Petitioner received the            
          offering materials for SAB Resource and, according to his                   
          testimony, performed a “very, very careful and detailed study of            






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