Leon M. and Mary K. Jaroff - Page 38

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          supra; Goldman v. Commissioner, supra; Freytag v. Commissioner,             
          supra; Beck v. Commissioner, 85 T.C. 557 (1985); Lax v.                     
          Commissioner, T.C. Memo. 1994-329, affd. without published                  
          opinion 72 F.3d 123 (3d Cir. 1995); Sacks v. Commissioner, supra;           
          Steerman v. Commissioner, T.C. Memo. 1993-447; Rogers v.                    
          Commissioner, T.C. Memo. 1990-619; see also the Plastics                    
          Recycling cases cited supra note 8.                                         
               In the instant consolidated cases, petitioner maintains that           
          he reasonably relied upon Tucker as a qualified adviser on this             
          matter.  Although petitioner testified that he did not discuss              
          the Plastics Recycling transactions with Becker, and he does not            
          argue that he relied on Becker, the substance of petitioner's               
          testimony is that he relied upon Tucker's representations about             
          what Becker had done to investigate the Plastics Recycling                  
          transactions.  Tucker did not testify at trial; Becker did.                 
                    b.  Becker and Tucker                                             
               Becker had no education, special qualifications, or                    
          professional skills in plastics engineering, plastics recycling,            
          or plastics materials.  In evaluating the Plastics Recycling                
          transactions and organizing the SAB Recycling Partnerships,                 
          Becker supposedly relied upon:  (1) The offering materials; (2) a           
          tour of the PI facility in Hyannis; (3) discussions with insiders           
          to the transactions; (4) Canno; and (5) his investigation of the            
          reputation and background of PI and persons involved in the                 
          transactions.                                                               




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