- 54 -- 54 - Porter was whether he believed a polyethylene or polystyrene recycler was economically viable. They did not discuss the Sentinel EPE recycler, the Plastics Recycling transactions, or plastics recycling in general. Fredericks will not be relieved of the negligence additions to tax based upon his purported reliance on Steele, Cohen, and Porter. 3. The Private Offering Memoranda Petitioners in very general terms maintain that they reasonably relied upon the offering memoranda and the tax opinion letters appended thereto. However, petitioners' testimony and actions indicate that they did not give due consideration to all of the information set out in the offering memoranda and that they ultimately did not place a great deal of reliance, if any, on the representations therein. The offering memoranda raised numerous caveats and warnings with respect to the Partnerships, including: (1) The substantial likelihood of audit by the IRS and a likely challenge of the purported value of the recyclers; (2) the general partner's lack of experience in marketing recycling or similar equipment; (3) the lack of an established market for the recyclers; and (4) uncertainties regarding the market prices for virgin resin and the possibility that recycled pellets would not be as marketable as virgin pellets. In addition, the offering memoranda noted a number of conflicts of interest, including Miller's interest in FPage: Previous 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Next
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