- 39 - told [my clients] precisely what I had done to investigate or analyze the transaction. I didn't just say I did due diligence, and leave it open for them to define what I might or might not have done." Becker testified: "I provided every piece of information I had available to me to Mr. Snyder and Mr. Busch." The purported value of the Sentinel EPE recycler generated the deductions and credits in these cases, and that circumstance was clearly reflected in the offering memoranda. Certainly Becker recognized the nature of the tax benefits and, given their education and business experience, petitioners should have recognized it as well. Yet neither petitioners nor Becker verified the purported value of the Sentinel EPE recycler. Becker confirmed at trial that he relied on PI for the value of the Sentinel EPE recyclers. At the meeting held in Snyder's office, Becker answered petitioners' questions and described his investigation. Snyder testified that he and Busch "took [Becker] through the same drill we would have if it was a Simon & Schuster acquisition." Snyder explained that from his questioning of Becker "I had to find out if there was a market, is the market sustainable, was this machine viable, was it technologically vulnerable, was the market price satisfactory to sustaining the financial projections". (Emphasis added.) Plainly, if Snyder and Busch truly had pursued these questions vigorously, as talented and experiencedPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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