Robert H. Avellini - Page 25

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            and early 1980's, the Federal Government adopted specific                                   
            programs to aid research and development of EOR technology.  Id.                            
            at 135-136.  In holding that the taxpayers in the Krause case                               
            were not liable for the negligence-related additions to tax, this                           
            Court noted that one of the government's expert witnesses                                   
            acknowledged that "investors may have been significantly and                                
            reasonably influenced by the energy price hysteria that existed                             
            in the late 1970's and early 1980's to invest in EOR technology."                           
            Id. at 177.  In the present case, however, one of respondent's                              
            experts, Grossman, noted that the price of plastics materials is                            
            not directly proportional to the price of oil, that less than 10                            
            percent of crude oil is utilized for making plastics materials,                             
            and that studies have shown that "a 300% increase in crude oil                              
            prices results in only a 30 to 40% increase in the cost of                                  
            plastic products."  While EOR was, according to our Krause                                  
            opinion, in the forefront of national policy and the media during                           
            the late 1970's and early 1980's, there is no showing in these                              
            records that the so-called energy crisis would provide a                                    
            reasonable basis for petitioner's investing in recycling of                                 
            polyethylene.                                                                               
                  Moreover, the taxpayers in the Krause opinion were                                    
            experienced in or investigated the oil industry and EOR                                     
            technology specifically.  One of the taxpayers in the Krause case                           
            undertook significant investigation of the proposed investment                              






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