Estate of Ronald Busch, Deceased, Rochelle Busch, Executrix and Rochelle Busch, et al. - Page 27

                                       - 27 -                                         
          Federal Government adopted specific programs to aid research and            
          development of EOR technology.  Id. at 135-136.  In holding that            
          the taxpayers in the Krause case were not liable for the                    
          negligence additions to tax, this Court noted that one of the               
          Government's expert witnesses acknowledged that "investors may              
          have been significantly and reasonably influenced by the energy             
          price hysteria that existed in the late 1970's and early 1980's             
          to invest in EOR technology."  Id. at 177.  In the present cases,           
          however, as explained by respondent's expert Steven Grossman,               
          supra, the price of plastics materials was not directly                     
          proportional to the price of oil, and there is no persuasive                
          evidence that the so-called oil crisis had a substantial bearing            
          on petitioners' decision to invest.  While EOR was, according to            
          our Krause opinion, in the forefront of national policy and the             
          media during the late 1970's and 1980's, there is no showing in             
          these records that the so-called energy crisis would provide a              
          reasonable basis for petitioners' investing in recycling of                 
          polyethylene, particularly in the machinery here in question.               
               Moreover, the taxpayers in the Krause opinion were                     
          experienced in or investigated the oil industry and EOR                     
          technology specifically.  One of the taxpayers in Krause v.                 
          Commissioner, supra, undertook significant investigation of the             
          proposed investment including researching EOR technology.  The              
          other taxpayer was a geological and mining engineer whose work              






Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  Next

Last modified: May 25, 2011