Pacific Sound Production Limited Partnership v. Commissioner
Decision Date | 08 June 1993 |
Docket Number | Docket No. 2976-88.,Docket No. 20878-89.,Docket No. 3029-88.,Docket No. 3027-88.,Docket No. 20877-89.,Docket No. 20537-87.,Docket No. 3028-88. |
Citation | 65 T.C.M. 2898 |
Parties | Pacific Sound Production Limited Partnership, a.k.a. Pacific Sound Limited Partnership, Gerald B. Henning, Tax Matters Partner, et al.<SMALL><SUP>1</SUP></SMALL> v. Commissioner. |
Court | U.S. Tax Court |
65 T.C.M. 2898
T.C. Memo. 1993-253
Pacific Sound Production Limited Partnership, a.k.a. Pacific Sound Limited Partnership, Gerald B. Henning, Tax Matters Partner, et al.1 v. Commissioner.
Docket No. 20537-87.
Docket No. 2976-88.
Docket No. 3027-88.
Docket No. 3028-88.
Docket No. 3029-88.
Docket No. 20877-89.
Docket No. 20878-89.
United States Tax Court.
Filed June 8, 1993.
Darrell D. Hallett, Larry N. Johnson, 1101 Western Ave., Seattle, Wash., and Jeannette A. Cyphers, 9709 3rd Ave., Seattle, Wash., for the petitioners. Wendy S. Pearson, Blake W. Ferguson, and Peter R. Hockman, for the respondent.
Memorandum Findings of Fact and Opinion
DAWSON, Judge:
These cases were assigned to Special Trial Judge Norman H. Wolfe pursuant to the provisions of section 7443A(b)(4) and Rules 180, 181, and 183.2 The Court agrees with and adopts the opinion of the Special Trial Judge, which is set forth below.
WOLFE, Special Trial Judge:
Respondent, by notices of final partnership administrative adjustments (FPAA), and by subsequent amendments to answer, determined adjustments to petitioners' partnership returns for the years 1982, 1983, and 1984 as follows:
Pacific Sound Production Limited Partnership Docket No. 20537-87 Year Description of Adjustment Amount 1982 Ordinary loss disallowed............. $ 5,094 Investment tax credit qualifying property reduction ................ 2,305,600 1983 Ordinary loss disallowed ............ 376,964 Investment tax credit qualifying property reduction ................ 311,200 Audio Advertising Limited Partnership Docket No. 2976-88 Year Description of Adjustment Amount 1983 Legal expenses disallowed ........... $ 4,924 Lease expense disallowed ............ 1,013 At risk basis reduction ............. 163,100 Investment tax credit qualifying property reduction ................ 1,524,683 Adjustments Raised in Amended Answer Amount Lease expense ....................... $ 1,013 License fee ......................... 246,429 Amortization ........................ 492 Promotion/seminar expense............ 372 Bank charges......................... 98 Legal fees .......................... 4,924 __________ $ 253,328 Adjustment per original FPAA ........ 5,937 __________ Increase of adjustments for 1983 .... $ 247,391 Other adjustments for 1983 a. Investment tax credit basis As reported ......................... $1,597,679 Adjustment per original FPAA ........ 1,524,683 __________ Adjustment increase ................. $ 72,996 b. At risk basis limitation to partners As reported ...................... $ 253,328 Adjustment per original FPAA 163,100 __________ Adjustment increase............... $ 90,228 Year Description of Adjustment Amount 1984 Management fees disallowed .......... $ 9,300 At risk basis reduction ............. 218,462 Adjustments Raised in Amended Answer Amount Legal expense ....................... $ 438 Lease expense ....................... 369,643 Interest expense .................... 24,643 Travel expense ...................... 856 Amortization ........................ 657 Bank charges ........................ 31 Accounting expense................... 1,015 Insurance expense ................... 1,498 Promotion/seminar expense ........... 441
Distribution expense................. 10,945 Office expense ...................... 345 Management fees ..................... 9,300 __________ $ 419,812 Adjustment per original FPAA ........ 9,300 __________ Increase of adjustments for 1984 .... $ 410,512 Other adjustments for 1984 a. Basis limitation to partners As reported ...................... $ 415,734 Adjustment per original FPAA 218,462 __________ Adjustment increase............... $ 197,272 Assured Communications Limited Partnership, Docket No. 3027-88 Year Description of Adjustment Amount 1984 Commission expense disallowed ....... $ 31,500 Legal fees disallowed ............... 12,756 License expense disallowed........... 89,750 Basis reduction ..................... 355,313 Investment tax credit qualifying Property reduction ................ 2,065,521 Adjustments Raised in Amended Answer Amount Accrued lease payments .............. $ 495,000 License fees......................... 89,750 Distribution fees ................... 32,807 Legal/professional fees.............. 12,756 __________ $ 630,313 Adjustment per original FPAA ........ 134,006 __________ Increase of adjustments for 1984 .... $ 496,307 Other adjustments for 1984: a. Investment tax credit basis: As reported ...................... $2,161,111 Adjustment per original FPAA 2,065,521 __________ Adjustment increase............... $ 95,590 b. Basis limitation to partners: As reported ...................... $ 630,313 Adjustment per original FPAA 355,313 __________ Adjustment increase............... $ 275,000 Advanced Communications Limited Partnership, Docket No. 3028-88 Year Description of Adjustment Amount 1983 Legal fees disallowed ............... $ 1,200 Lease expense disallowed ............ 809 Basis limitation..................... 14,359 Investment tax credit qualifying property reduction ................ 1,243,781 Adjustments Raised in Amended Answer Amount Lease expense ....................... $ 809 License expense...................... 24,614 Amortization......................... 13 Legal fees .......................... 1,200 __________ $ 26,636 Adjustment per original FPAA ........ 2,009 Increase of adjustments for 1983 .... $ 24,627 __________ Other adjustments for 1983: a. Investment tax credit basis: As reported ...................... $1,276,620 Adjustment per original FPAA 1,243,781 __________ Adjustment increase .............. $ 32,839 b. Basis limitation to partners: As reported ...................... $ 26,636 Adjustment per original FPAA 14,359 Adjustment increase............... $ 12,277 Year Description of Adjustment Amount 1984 Management fees disallowed .......... $ 9,415 Legal expenses disallowed ........... 5,693 Basis limitation..................... 188,025 Adjustments Raised in Amended Answer Amount Legal fees .......................... $ 5,693 Lease expense ....................... 295,362 Interest expense .................... 20,252 Travel expense ...................... 830 Amortization ........................ 983 Bank charges......................... 44 Accounting expense................... 768 Distribution expense................. 10,187 Office expense ...................... 1,900 Management fees ..................... 9,415 __________ $ 345,434 Adjustment per original FPAA ........ 15,108 __________ Increase of adjustments for 1984 .... $ 330,326 Other adjustments for 1984: a. Basis limitation to partners: As reported ...................... $ 338,618 Adjustment per original FPAA 188,025 __________ Adjustment increase............... $ 150,593 Masterwork Productions Leasing Limited Partnership, Docket No. 3029-88 Year Description of Adjustment Amount 1983 Depreciation expense disallowed ..... $ 154,501 Rental expense disallowed ........... 49,981 Adjustments Raised in Amended Answer Amount Lease placement fees ................ $ 23,331...
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