Mark Friedman - Page 52

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          for petitioners obtained copies of these reports and urge that              
          they support the reasonableness of the values reported on                   
          petitioners' returns.  Not surprisingly, counsel in these cases             
          did not call Carmagnola to testify, but preferred instead to rely           
          solely upon his preliminary ill-founded valuation estimates.                
          Carmagnola has not been called to testify in any of the Plastics            
          Recycling cases before us.  The Carmagnola reports were a part of           
          the record considered by this Court and reviewed by the Court of            
          Appeals for the Sixth Circuit in the Provizer case, where we held           
          the taxpayers negligent.  Consistent therewith, we find in these            
          cases, as we have found previously, that the reports prepared by            
          Carmagnola are unreliable and of no consequence.  Petitioners are           
          not relieved of the negligence additions to tax based on the                
          preliminary reports prepared by Carmagnola.                                 
               Petitioners cite a number of cases in support of their                 
          positions, but primarily rely on Durrett v. Commissioner, 71 F.3d           
          515 (5th Cir. 1996), affg. in part and revg. in part T.C. Memo.             
          1994-179; Chamberlain v. Commissioner, 6 F.3d 729 (5th Cir.                 
          1995), affg. in part and revg. in part T.C. Memo. 1994-228;                 
          Mollen v. United States, 72 AFTR 2d 93-6443, 93-2 USTC par.                 
          50,585 (D. Ariz. 1993); Reile v. Commissioner, T.C. Memo. 1992-             
          488; and Davis v. Commissioner, T.C. Memo. 1989-607.                        









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