Thomas E. and Joan A. Bennett - Page 29

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          1993-607, where the taxpayers were found liable for negligence              
          additions to tax.  In Anderson, the taxpayers claimed tax                   
          benefits based upon their acquisition of property listed at                 
          $124,500, but for which they actually paid $6,225 in a cash                 
          downpayment (5 percent of the purchase price) plus a 5-year                 
          financing arrangement.  Had the acquisition been nothing more               
          than a $6,225 passive investment, noted the Court of Appeals, it            
          would have been reasonable for the taxpayers to rely on the                 
          advice of a good friend who had thoroughly investigated the                 
          investment.8  However, because the transaction was structured and           
          represented as a purchase in the amount of $124,500, the Court of           
          Appeals held that something more was required.                              
               In the cases before us, petitioners claimed tax benefits               
          based on the assumption that they leased, through Empire, an                
          interest in $8,138,662 worth of recycling machines.  Based on               
          their investments of $25,000 each, Black and Bennett each claimed           
          a qualified investment in new investment credit property with a             
          basis of $212,012, with resulting first-year tax credits of                 
          $42,402 and deductible losses of $20,510, a substantial                     
          transaction clearly requiring careful investigation under the               
          Anderson case.  Petitioners' adviser, Gallagher, reviewed the               

          8    The adviser had his accountant and attorney review and check           
          out the structure of the investment; he spoke with the investment           
          principal; he looked into the principal's background and checked            
          out his references, banks, other business connections, and the              
          Better Business Bureau; and he spoke with competitors to make               
          sure the venture was viable.                                                




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