- 17 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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