Allan J. and Brenda Becker - Page 40

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          ventures, including another limited partnership, Efron Investors            
          (EI), which in turn invested in Clearwater, the partnership                 
          considered in Provizer v. Commissioner, T.C. Memo. 1992-177.                
          Efron did not inform Mrs. Steinberg of the investments in EI and            
          Clearwater, but simply told his sister that her AMBI investments            
          were "doing fine".  She did not learn of AMBI's investments in EI           
          and Clearwater until a few months before trial in the deficiency            
          proceedings arising out of those investments.  In contrast,                 
          petitioner invested in the Partnerships of his own volition.                
          Petitioner was not kept in the dark by Becker; instead, Becker              
          provided petitioner with the offering materials, explained the              
          transaction and its risks to petitioner, and related the extent             
          of his investigation to petitioner.  In the Steinberg case, the             
          taxpayers turned over management of Mrs. Steinberg's inherited              
          assets to her brother, and he made the investment decisions in              
          question.  In the present case, Becker brought an investment to             
          his brother's attention, but petitioner made his own investment             
          decisions.  The facts and circumstances of petitioner's case are            
          distinctly different from the Steinberg case and we accordingly             
          consider it inapplicable.                                                   
               Under the circumstances of this case, petitioner failed to             
          exercise due care in claiming large deductions and tax credits              
          with respect to the Partnerships on his Federal income tax                  
          returns.  It was not reasonable for him to claim such                       
          disproportionately large tax benefits on his Federal income tax             




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