- 51 - Wood, a group of consolidated cases, all of the taxpayers had profit objectives, the transactions were not sham transactions, and one pair of taxpayers inspected the equipment at issue. In the Davis case, the taxpayers reasonably relied upon a "trusted and long-term adviser" who was independent of the investment venture, and the offering materials reviewed by the taxpayers did not reflect that the principals in the venture lacked experience in the pertinent line of business. Unlike the taxpayer in Wright, as a former business reporter for Time, petitioner plainly had the experience and education necessary to recognize the importance or meaning of the warning signs inherent in the Partnership transactions. In contrast to the Wood case, the Partnership transactions are shams lacking economic substance; we are not convinced that petitioner had an honest objective of making an economic profit; and he did not inspect the recyclers. Unlike the circumstances of the Davis case, Tucker and Becker were not long-term advisers of petitioner; Becker was not independent of the SAB Recycling Partnerships; and the offering memoranda warned that the general partner had no prior experience in marketing recycling or similar equipment. Accordingly, petitioners' reliance on the Wright, Wood, and Davis cases is misplaced. In Mollen v. United States, supra, the taxpayer was a medical doctor who specialized in diabetes and who, on behalf of the Arizona Medical Association, led a continuing medicalPage: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011