- 29 - 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.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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