Mark Friedman - Page 71

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          analyze the technical aspects of the Plastics Recycling                     
          transactions.  Nor do the records show that petitioners or their            
          colleagues ever hired any plastics engineering or technical                 
          experts with respect to the Plastics Recycling transactions.                
          Feinstein spoke with Lauren, who may have had some knowledge of             
          the plastics industry, but their discussion was limited to PI's             
          reputation; Feinstein refrained from asking Lauren anything about           
          plastics recycling, competitive machines, or these particular               
          Plastics Recycling transactions.  In the end, petitioners and               
          their colleagues relied exclusively on PI, its personnel, and the           
          offering materials as to the value and purported uniqueness of              
          the machines.                                                               
               In support of their contention that they acted reasonably,             
          petitioners cite Mauerman v. Commissioner, 22 F.3d 1001 (10th               
          Cir. 1994), revg. T.C. Memo. 1993-23.  However, the facts in the            
          Mauerman case are distinctly different from the facts of these              
          cases.  In Mauerman, the Court of Appeals for the Tenth Circuit             
          held that the Commissioner had abused her discretion for not                
          waiving a section 6661 addition to tax.  Like the section 6659              
          addition to tax, a section 6661 addition to tax may be waived by            
          the Commissioner if the taxpayer demonstrates that there was                
          reasonable cause for his underpayment and that he acted in good             
          faith.  Sec. 6661(c).  The taxpayer in Mauerman relied upon                 







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