Daniel and Kristen Panice - Page 3




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               Petitioners began investing in TBS 90-1 in 1991.  That                 
          partnership was subject to the unified audit and litigation                 
          procedures of the Tax Equity and Fiscal Responsibility Act of               
          1982, Pub. L. 97-248, sec. 402(a), 96 Stat. 648.  Petitioners               
          filed their 1992 Federal income tax return on April 15, 1993, and           
          claimed thereon a deduction for a $112,996 ordinary loss passing            
          to them from TBS 90-1.                                                      
               In Durham Farms #1, J.V. v. Commissioner, T.C. Memo.                   
          2000-159, affd. 59 Fed. Appx. 952 (9th Cir. 2003), the Court held           
          that TBS 90-1 was not entitled to deduct the loss claimed by                
          petitioners because TBS 90-1 did not receive the benefits and               
          burdens of ownership of the underlying asset (i.e., cattle).  The           
          decision in Durham Farms ordered and decided the following as to            
          TBS 90-1:                                                                   
          Partnership Item          As Reported   As Determined                       
               Depreciation expense        $2,174,204         -0-                     
               Interest expense               137,750         -0-                     
               Accounting fees                  3,086         -0-                     
               Net Gain--Form 4797          5,435,510         -0-                     
               Net self-employment income  (2,315,040)        -0-                     
               Other farm deductions           -0-          -0-                       
               Guaranteed payments             -0-            -0-                     
          The $2,315,040 of deductions underlying the adjustment to net               
          self-employment income consisted of depreciation expense equal to           
          93.916476605 percent of the total disallowed deductions, interest           
          expense equal to 5.950221162 percent of the total disallowed                








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