Lawrence H. Schlang and Shirley A. Schlang v. Commissioner of Internal Revenue Service

29 F.3d 634 74 A.F.T.R.2d 94 -5159 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lawrence H. SCHLANG and Shirley A. Schlang, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE SERVICE, Respondent-Appellee. No. 92-70856 United States Court of Appeals, Ninth Circuit. Submitted June 17, 1994. * Decided June 21, 1994. Before: HUG, SCHROEDER and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Taxpayer Schlang filed amended returns for tax years 1981 and 1984, claiming $9,900 in investment tax credit pursuant to IRC Sec. 38. 1 The Commissioner disallowed the claimed credits and noticed a deficiency. Upon petition for review by Schlang, the tax court determined that he was not entitled to the claimed credits. Schlang appeals. We have jurisdiction pursuant to 26 U.S.C. Sec. 7482 , and we affirm. FACTS 3 In 1983, All Type Equipment Leasing, Inc. ("ATEL") leased video equipment, which it owned, to a second company known as Inflight Services, Inc. Inflight, in turn, leased…