Thomas E. and Joan A. Bennett - Page 37

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          were made in good faith.  Respondent's refusal to waive a section           
          6659 addition to tax is reviewable by this Court for abuse of               
          discretion.  Krause v. Commissioner, 99 T.C. at 179.                        
               Petitioners urge that they relied on Gallagher and the                 
          offering materials in deciding on the valuation claimed on their            
          tax return.  Petitioners each contend that such reliance was                
          reasonable, and, therefore, respondent should have waived the               
          section 6659 addition to tax.  Petitioners rely upon Krause v.              
          Commissioner, supra; Rousseau v. United States, 91-1 USTC par.              
          50252 (E.D. La. 1991); and Mauerman v. Commissioner, 22 F.3d 1001           
          (10th Cir. 1994), revg. T.C. Memo. 1993-23, in support of their             
          argument.                                                                   
               We have found that petitioners' purported reliance on                  
          Gallagher, and the offering materials was not reasonable.                   
          Gallagher was a representative of Bankers Trust.  He was not an             
          engineer and he never represented himself as being an expert in             
          plastics or plastics recycling.  In Gallagher's view, Bankers               
          Trust's due diligence responsibility, and therefore Gallagher's             
          own responsibility, was limited to reviewing the tax opinion                
          letter included in the offering memorandum.  The evaluators whose           
          reports were attached to the offering memorandum each owned                 
          interests in partnerships that leased Sentinel EPE recyclers.               
          The offering memorandum contained numerous caveats, including the           
          following:  NO OFFEREE SHOULD CONSIDER THE CONTENTS OF THIS                 
          MEMORANDUM *** AS *** EXPERT ADVICE.  *** EACH OFFEREE SHOULD               




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