Mark Friedman - Page 49

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          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-             







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