Bernard William Hvidding and Faleasiu E. Hvidding - Page 8

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          petitioner’s arrangement with HEH and Mercury Solar.3  In                   
          Richter, based on former section 48(f), the legislative history,            
          and section 1.48-6, Income Tax Regs., we said that an energy tax            
          credit must be allocated among a trust and its beneficiaries on             
          the same basis that the trust’s income is allocable to each.  Id.           
               The taxpayer in Richter contended that $650 of HEH’s income            
          was allocable to him in 1995, the year in issue, because HEH was            
          required to allocate $650 to him under the agreement.  We                   
          disagreed because HEH was required to pay the taxpayer $650 only            
          if the taxpayer satisfied certain conditions, and we found that             
          the taxpayer had not satisfied those conditions in 1995.  Id.               
               The taxpayer in Richter also contended that an amended 1995            
          HEH return (prepared after the taxpayer had filed the petition in           
          that case) established that HEH had allocated $650 of income to             
          him in 1995.4  We disagreed because we found the HEH amended                
          return for 1995 and attached Schedule K-1 to be untrustworthy.              
          Id.  We held that the taxpayer was not entitled to energy tax               
          credits because he had not shown that any of HEH’s income was               
          allocable to him or that HEH had allocated any of its investment            
          in qualifying energy property to him in the year in issue.  Id.             


               3  We discuss petitioners’ argument that this case is                  
          distinguishable from Richter v. Commissioner, supra, below at               
          par. C.                                                                     
               4  There was no evidence in Richter v. Commissioner, supra,            
          that the HEH amended return for 1995 was ever filed.                        





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