- 81 -- 81 - liable for the negligence additions to tax, petitioners' purported reliance on the offering materials and their advisers was not reasonable. The offering materials for the Partnerships contained numerous warnings and caveats, including the likelihood that the value placed on the recyclers would be challenged by the IRS as being in excess of fair market value. At trial, Fishbach was unsure if he had read the offering memoranda and speculated that he spent just a short amount of time perusing them and that he flipped through the risk factors. Neither Fishbach nor Gollin sought to resolve the numerous issues raised in the offering memoranda. Becker possessed no special qualifications or professional skills in the recycling or plastics industries and petitioners had no reason to believe otherwise. Although Fishbach claims that he did not know whether Hertan had any education or experience in plastics recycling, nothing in Hertan's background would indicate such qualifications, and Fishbach conceded that Hertan never said he had such education or experience. Despite these obvious limitations, Becker, Hertan, and petitioners never hired or consulted any plastics engineering or technical experts with respect to the Plastics Recycling transactions. Becker 18(...continued) reports prepared by Carmagnola to be unreliable and of no consequence.Page: Previous 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Next
Last modified: May 25, 2011