George Maciel - Page 5

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          C.   Tri-City Truck Parts and Newark Wreckers                               
               In 1987, petitioner and Peter Viviano (Mr. Viviano) formed             
          M&V Investments of which each owned a 50-percent interest.4  On             
          April 14, 1987, M&V Investments purchased a company named Tri-              
          City Truck Parts and Equipment (Tri-City) for $350,000.  The                
          seller, Raymound Giarrusso (Mr. Giarrusso), took back a $200,000            
          note from petitioner and Mr. Viviano with the balance of the                
          purchase price, $150,000, being paid in cash.  At the same time,            
          M&V Investments purchased Newark Wreckers, Inc. (Newark                     
          Wreckers), from Mr. Giarrusso for $50,000, for which each partner           
          paid $25,000.  Accordingly, for the two purchases, each partner             
          contributed $100,000 and was personally liable under the $200,000           
          note payable to Mr. Giarrusso.                                              
               For each of the taxable years 1987 through 1990, Newark                
          Wreckers filed Forms 1120.  Petitioner was a 50-percent                     
          shareholder and president of Newark Wreckers from 1987 through              
          1989.  Likewise, Tri-City timely filed Forms 1065, U.S.                     
          Partnership Return of Income, for each of the years 1987 through            
          1990.  Petitioner was a 50-percent income and loss partner of               
          Tri-City.                                                                   



               4The parties characterize petitioner’s relationship with Mr.           
          Viviano as a “limited partnership”.  However, there is no                   
          indication that the parties entered into a formal limited                   
          partnership or that partnership returns were filed for the years            
          at issue.                                                                   





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