- 38 -- 38 - 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 ofPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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