Charles G. and Elizabeth A. Fargo - Page 3

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          Commissioner, T.C. Memo. 2003-67; Kelley v. Commissioner, T.C.              
          Memo. 1993-495.  In Kelley, we concluded that “The formation and            
          operation of the Swanton Coal Programs appear to have as                    
          substance little more than a grandiose serving of whimsy”, and              
          that they were “nothing more than an elaborate scam to provide              
          highly leveraged deductions for nonexistent expenses.”  We                  
          therefore disallowed the partnership losses at issue, and                   
          sustained the Commissioner’s imposition of increased interest               
          pursuant to section 6621(c) because the programs were so clearly            
          tax-motivated transactions.                                                 
               Because the programs used tiered partnerships, however, our            
          decision in Kelley did not automatically resolve the tax                    
          liability of partners in Jackson or Smith/Asher, and the                    
          Commissioner continued to negotiate with the tax matters partners           
          (TMPs) for these partnerships until finally reaching closing                
          agreements with both of them by mid-1999.  After Jackson and                
          Smith/Asher concluded their closing agreements, respondent                  
          contacted petitioners in November 1999, sending them a notice of            
          examination that proposed changes to their 1983 and 1984 returns.           
          In March 2000, respondent sent out notices of deficiency.                   
          Petitioners paid the entire tax portion of their outstanding 1983           
          and 1984 deficiencies (amounting to $23,977), but did not pay any           
          of the accrued interest (which had grown to more than $100,000).            
          After assessing the deficiencies, respondent sent petitioners a             






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