- 18 - There was ample case law and commentary at the time of petitioners' investment addressing the disallowance of tax benefits flowing from transactions lacking economic substance. Indeed, petitioner testified that had he been aware of the nonrecourse nature of the debt issued by F & G he would not have invested in Northeast. Yet the nonrecourse nature of the debt issued by F & G was unambiguously disclosed in multiple sections of the offering memorandum. More significantly, the transaction here was a sham, and that was not the case in Epsten. Here petitioner accepted an inflated value of $1,162,666 each for machines with an actual value not in excess of $50,000, and petitioner made no investigation of the valuation. The Epsten case, involving the interpretation of recently enacted law, does not support petitioners' investment in a sham transaction involving inflated valuations without investigation. Finally, petitioners argue that they had a business motive for their investment in Northeast, independent of any tax benefits. Their alleged intent in making the investment was to obtain a stream of rental income generated from the resale and reuse of recycled plastic. Petitioner was aware that plastics were oil derivatives. Petitioner argues, in general terms, that because of the media coverage of a supposed oil crisis in the United States during 1981, he believed that an investment in plastics recycling had good economic potential. In addition,Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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