Leon M. and Mary K. Jaroff - Page 48

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          v. Commissioner, 864 F.2d 93 (9th Cir. 1989), affg. Patin v.                
          Commissioner, 88 T.C. 1086 (1987); Lax v. Commissioner, T.C.                
          Memo. 1994-329; Sacks v. Commissioner, supra; Rogers v.                     
          Commissioner, T.C. Memo. 1990-619; see also Gollin v.                       
          Commissioner, T.C. Memo. 1996-454; Grelsamer v. Commissioner,               
          T.C. Memo. 1996-399; 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, with respect to Becker's                 
          advice in Plastics Recycling cases.                                         
               4.  Miscellaneous                                                      
               Petitioners stipulated that the fair market value of a                 
          Sentinel EPE recycler in 1981 was not in excess of $50,000.                 
          Notwithstanding this concession, petitioners contend that they              
          were reasonable in claiming credits on their Federal income tax             
          returns based upon each recycler having a value of $1,162,666.              
          In support of this position, petitioners submitted into evidence            
          preliminary reports prepared for respondent by Ernest D.                    
          Carmagnola (Carmagnola), the president of Professional Plastic              
          Associates.  Carmagnola had been retained by the IRS in 1984 to             
          evaluate the Sentinel EPE and EPS recyclers in light of what he             
          described as "the fantastic values placed on the * * *                      
          [recyclers] by the owners."  Based on limited information                   
          available to him at that time, Carmagnola preliminarily estimated           
          that the value of the Sentinel EPE recycler was $250,000.                   
          However, after additional information became available to him,              




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