Stuart A. and Harriet J. Gollin, et al. - Page 38

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          technology specifically.  One of the taxpayers in Krause v.                 
          Commissioner, 99 T.C. 132 (1992), undertook significant                     
          investigation of the proposed investment including researching              
          EOR technology.  The other taxpayer was a geological and mining             
          engineer whose work included research of oil recovery methods and           
          who hired an independent geologic engineer to review the offering           
          materials.  Id. at 166.  In the present cases, petitioners were             
          not experienced or educated in plastics recycling.  They did not            
          independently investigate the Sentinel recyclers or hire an                 
          expert in plastics to evaluate the Partnership transactions.  We            
          consider petitioners' arguments with respect to the Krause case             
          inapplicable.                                                               
               2.  Petitioners' Purported Reliance on Tax Advisers                    
               Petitioners maintain that they reasonably relied upon the              
          advice of qualified advisers.  Gollin contends that he reasonably           
          relied on Becker; Fredericks contends that he reasonably relied             
          upon Becker, Steele, Cohen, and Porter; and Fishbach contends               
          that he reasonably relied upon Hertan and Becker.                           
               The concept of negligence and the argument of reliance on an           
          expert are highly fact intensive.  Petitioners in these cases are           
          very well educated professionals:  Two are lawyers and the third            
          is a forensic accountant.  These professionals ultimately relied            
          upon an accountant to investigate the tax law and the underlying            
          business circumstances of a proposed investment, the success of             






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