Philippe and Nadine Grelsamer - Page 23

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               Becker and Green never represented to Morgan that they were            
          specialists in plastics and Morgan did not believe that they                
          were.  Morgan has no work experience in plastics recycling.  At             
          the time he made his investment, Morgan lived in or near                    
          Pawtucket, which is just a short distance from Hyannis, the                 
          location of PI.  Morgan has been to Hyannis many times, but he              
          did not visit PI or see a Sentinel EPE recycler prior to making             
          his investment.  He never asked whether there were any other                
          machines that could recycle low density polyethylene or                     
          polystyrene.  Morgan did not make any independent investigation             
          of the value placed on the recyclers.  He was not aware of any              
          companies that would be suitable end-users for the recyclers.               
          Morgan never made a profit in any year from his investment in               
          Plymouth.                                                                   
                                      OPINION                                        
               We have decided a large number of the Plastics Recycling               
          group of cases.1  The majority of these cases, like the                     

          1    Provizer v. Commissioner, T.C. Memo. 1992-177, affd. without           
          published opinion 996 F.2d 1216 (6th Cir. 1993), concerned the              
          substance of the partnership transaction and also the additions             
          to tax.                                                                     
               The following cases concerned the addition to tax for                  
          negligence, inter alia:  Zenkel v. Commissioner, T.C. Memo. 1996-           
          398; Estate of Busch v. Commissioner, T.C. Memo. 1996-342; Spears           
          v. Commissioner, T.C. Memo. 1996-341; Stone v. Commissioner, T.C.           
          Memo. 1996-230; Reimann v. Commissioner, T.C. Memo. 1996-84;                
          Bennett v. Commissioner, T.C. Memo. 1996-14; Atkind v.                      
                                                             (continued...)           






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