Stuart A. and Harriet J. Gollin, et al. - Page 59

                                       - 59 -- 59 -                                        
               not to permit any prospective investor to rely upon our                
               advice in this matter.  [Emphasis added.]                              
          Accordingly, the tax opinion letters expressly indicate that                
          prospective investors such as petitioners were not to rely upon             
          the tax opinion letter.  See Collins v. Commissioner, 875 F.2d at           
          138.  The limited, technical opinion of tax counsel expressed in            
          these letters was not designed as advice upon which taxpayers               
          might rely, and the opinion of counsel itself so states.                    
               4.  Miscellaneous                                                      
               The parties in these consolidated cases stipulated that the            
          fair market value of a Sentinel EPE recycler in 1981 and 1982 was           
          not in excess of $50,000.  Notwithstanding this concession,                 
          petitioners contend that they were reasonable in claiming credits           
          on their Federal income tax returns based upon each recycler's              
          having a value of $1,162,666.  In support of this position,                 
          petitioners in docket Nos. 16922-90 and 19612-90 submitted into             
          evidence preliminary reports prepared for respondent by Ernest D.           
          Carmagnola (Carmagnola), the president of Professional Plastic              
          Associates.  Carmagnola had been retained by the IRS in 1984 to             
          evaluate the Sentinel EPE and EPS recyclers in light of what he             
          described as "the fantastic values placed on the [recyclers] by             
          the owners."  Based on limited information available to him at              
          that time, Carmagnola preliminarily estimated that the value of             
          the Sentinel EPE recycler was $250,000.  However, after                     
          additional information became available to him, Carmagnola                  





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