- 63 -- 63 - the production, marketing, and distribution of medical educational video tapes. The District Court found that the taxpayer's personal expertise and insight in the underlying investment gave him reason to believe it would be economically profitable. Although the taxpayer was not experienced in business or tax matters, he did consult with an accountant and a tax lawyer regarding those matters. Moreover, the District Court noted that the propriety of the taxpayer's disallowed deduction therein was "reasonably debatable." Id. at 93-6447, 93-2 USTC par. 50,585, at 89,895; see Zfass v. Commissioner, T.C. Memo. 1996-167. Neither petitioners nor Becker had any formal education, expertise, or experience in plastics recycling. Neither Cohen, Steele, nor Hertan ever represented that he was expert in plastics recycling and Fredericks and Fishbach had no reason to believe otherwise. The records indicate that none of petitioners or their purported advisers had any personal insight or industry know-how in plastics recycling that would reasonably lead them to believe that the Plastics Recycling transactions would be economically profitable. Although Fredericks served on the board of a plastics molding company, there is no showing in docket No. 21847-90 that this gave him special insight into plastics recycling. Moreover, when he purportedly spoke to Porter about a polyethylene or polystyrene recycler, he sought no advicePage: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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