- 71 - 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 uponPage: Previous 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 Next
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