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