James D. Barber and Betty L. Barber - Page 20




                                       - 20 -                                         
          Internal Revenue Service (an enrolled agent) and has prepared tax           
          returns.  Although petitioner has occasionally consulted with his           
          brother, by telephone, on “complex” tax matters, petitioner has             
          never asked his brother to prepare petitioners’ tax returns.                
          Also, petitioner has never disclosed details regarding his own              
          personal financial status to his brother.  However, petitioner              
          has asked his brother for investment advice, and his brother has            
          offered such advice.  For example, it was petitioner’s brother              
          who recommended that petitioner invest in University Associates             
          in 1978, and it was petitioner’s brother who put petitioner in              
          touch with Sam Winer in 1979.  Contact with Winer led petitioner            
          to invest in Winer-promoted oil and gas partnerships, including             
          Winer Development Co., from 1979 through 1981.  These various               
          Winer-promoter partnerships produced tax benefits.                          
               In September 1982, petitioner contacted Winer and expressed            
          an interest in investing in another oil and gas partnership.                
          Winer recommended instead that petitioner invest in the plastics            
          recycling industry, and Winer provided petitioner with a copy of            
          the offering memorandum for the Whitman partnership.  See supra             
          C.  In promoting the investment, Winer stated that petitioner               
          would receive tax benefits.                                                 
               Petitioner looked at the offering memorandum.  Petitioner              
          understood that if he invested in Whitman, then Winer, as                   
          promoter, would receive a commission based on petitioner’s                  






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