Donald L. Walford - Page 17

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               The evidence in the record does not support a finding that             
          Sav-Fuel was operated in a businesslike manner.  Other than the             
          PPM, no books, records, or financial statements for Sav-Fuel were           
          offered into evidence by petitioner, and it is unclear whether              
          any existed.  Petitioner contends he believes that the EMS was              
          installed at Gould’s manufacturing plant and produced substantial           
          energy savings, but he is not sure.  There is no evidence in the            
          record that Messrs. Frost and Gangel had any previous involvement           
          with energy savings activities other than the similar EMS tax               
          shelters in Gianaris v. Commissioner, T.C. Memo. 1992-642, and              
          Gangel v. Commissioner, T.C. Memo. 1991-358.                                
               There is no evidence indicating how much time and effort was           
          expended in carrying on the EMS-related activity.  The evidence             
          in the record does not demonstrate that it was reasonably                   
          expected that the EMS would appreciate in value, and as                     
          previously discussed, the record indicates that the purchase                
          price for the EMS was grossly inflated.  There is no evidence               
          that Sav-Fuel had any previous experience in similar activities.            
          Indeed, like Nisona and Dard, Sav-Fuel was formed only shortly              
          before the purported transactions occurred.  There is no evidence           
          that Sav-Fuel ever earned profits from the EMS-related activity.            
          The above facts again demonstrate that the requisite profit                 
          objective was lacking.                                                      








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