- 49 - their education and professional experiences, petitioners should have recognized it as well. Friedman acknowledged that he recognized the nature of the tax benefits, and undoubtedly they were made clear to Alter by Feinstein. Yet, neither Friedman, Alter, nor their colleagues at Shea & Gould confirmed the value of the Sentinel EPE recycler. The records in these cases show that in the end, petitioners and their colleagues relied on PI personnel for the value of the Sentinel EPE recyclers and the economic viability of the Partnership transactions. See Vojticek v. Commissioner, T.C. Memo. 1995-444, to the effect that advice from such persons "is better classified as sales promotion." Neither Feinstein nor the participating partners at Shea & Gould had any expertise in plastics materials or plastics recycling. Although Ferraro apparently worked many years ago for one or more summers at a plastics company, and Carroll had an engineering background, they did not testify in these cases, and the records fail to establish that Ferraro's summer job experience, or Carroll's engineering background, adequately enabled them to assess the Plastics Recycling transactions. A taxpayer may rely upon his advisers' expertise, but it is not reasonable or prudent to rely upon an adviser regarding matters outside of his field of expertise or with respect to facts that he does not verify. See David v. Commissioner, 43 F.3d at 789-Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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