Leon M. and Mary K. Jaroff - Page 25

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          sophistication of the taxpayers, as well as the manner in which             
          they approached their investment.  McPike v. Commissioner, T.C.             
          Memo. 1996-46.  Compare Spears v. Commissioner, T.C. Memo. 1996-            
          341 with Zidanich v. Commissioner, T.C. Memo. 1995-382.                     
               Petitioner maintains that he and his wife were reasonable in           
          claiming deductions and credits with respect to the Partnerships.           
          He claims that he (1) carefully read the SAB Recovery offering              
          memorandum; (2) intended and reasonably expected to make an                 
          economic profit from the Partnerships in light of the so-called             
          oil crisis in the United States in 1981 and 1982; and (3)                   
          reasonably relied upon Tucker as a qualified adviser on this                
          matter.                                                                     
               1.  The Private Offering Memoranda                                     
               Petitioner testified that he relied in part upon the SAB               
          Recovery offering memorandum.  He claimed that he and his wife              
          spent several consecutive evenings carefully reading it.                    
          Petitioner did not indicate how much time, if any, he spent                 
          reviewing the SAB Reclamation offering memorandum.                          
               Each of the offering memoranda highlighted a number of tax             
          risk factors and 12 business risk factors, including the                    
          following:  (1) The Partnerships had no operating history; (2)              
          management of the Partnerships' business was dependent upon the             
          general partner, who had no experience in marketing recycling               
          equipment and who was required to devote only such time to the              
          Partnerships as such general partner deemed necessary; (3) the              




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