Allan J. and Brenda Becker - Page 39

                                       - 39 -                                         
          recycler.  Indeed, PI's Hyannis plant was not far from SBA's                
          biggest supplier, and Becker could have told petitioner where to            
          find plastics industry trade journals.  Moreover, petitioner did            
          not even read the offering materials provided to him by Becker--            
          despite express advice that he should do so.  Petitioner's                  
          disregard of the offering materials undermines any contention               
          that he monitored his investments.  Accordingly, petitioner's               
          reliance on the Heasley, Reile, and Davis cases is misplaced.               
          See Prohaska v. Commissioner, T.C. Memo. 1991-306; Prohaska v.              
          Commissioner, T.C. Memo. 1991-305.                                          
               The facts of petitioner's case also distinguish it from                
          Steinberg v. Commissioner, a Plastics Recycling case consolidated           
          for opinion with Zidanich v. Commissioner, T.C. Memo. 1995-382,             
          wherein this Court declined to impose the negligence additions to           
          tax.  In the Steinberg case, the taxpayers were husband and wife.           
          Neither had any financial or investment background.  The taxpayer           
          wife, who was not employed outside the home, had relied upon her            
          father in all financial matters.  He had advised her that after             
          his death she should rely upon her brother, a highly successful             
          investor.  Accordingly, on her father's death, Mrs. Steinberg               
          turned over management of her inherited funds to her brother,               
          Morton Efron (Efron).  Efron invested Mrs. Steinberg's                      
          inheritance in a limited partnership, AMBI, which was formed as             
          an investment vehicle for Efron himself, his sister (Mrs.                   
          Steinberg), and their spouses.  AMBI invested in a number of                




Page:  Previous  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  Next

Last modified: May 25, 2011