Leon M. and Mary K. Jaroff - Page 47

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          based upon full disclosure.  The purported value of the Sentinel            
          EPE recycler generated the deductions and credits in these cases,           
          and that circumstance was reflected in the offering memoranda.              
          Petitioner testified that the tax benefits were explained to him            
          and that he recognized that the Sentinel recycler was "very                 
          expensive."  Certainly Tucker and Becker recognized the nature of           
          the tax benefits and, given petitioner's education and                      
          professional experience, he should have recognized it as well.              
          Yet neither petitioner, nor Tucker, nor Becker verified the                 
          purported value of the Sentinel EPE recycler.  Petitioner                   
          ultimately relied on Becker, and Becker confirmed at trial that             
          he relied on PI for the value of the Sentinel EPE recyclers.                
               In the end, Tucker, Becker, and petitioner relied on PI                
          personnel for the value of the Sentinel EPE recyclers and the               
          economic viability of the Partnership transactions.  See Vojticek           
          v. Commissioner, T.C. Memo. 1995-444, to the effect that advice             
          from such persons "is better classified as sales promotion."                
          Tucker and Becker did not have any education, special                       
          qualifications, or professional skills in plastics materials or             
          plastics recycling.  A taxpayer may rely upon his adviser's                 
          expertise (in these cases accounting and tax advice), but it is             
          not reasonable or prudent to rely upon a tax adviser regarding              
          matters outside of his field of expertise or with respect to                
          facts that he does not verify.  See David v. Commissioner, 43               
          F.3d at 789-790; Goldman v. Commissioner, 39 F.3d at 408; Skeen             




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