Leon M. and Mary K. Jaroff - Page 53

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          Sentinel EPE recycler, and never prepared any kind of formal,               
          written analysis of the venture.  In the end, Becker Co. and                
          petitioner relied upon representations by insiders to the                   
          Plastics Recycling transactions, and neither Becker Co. nor                 
          petitioner hired any independent experts in the field of plastic            
          materials or plastics recycling.  Accordingly, we consider                  
          petitioners' arguments with respect to the Mollen case                      
          inapplicable under the circumstances of these consolidated cases.           
               Petitioners also rely on two recent decisions by the Court             
          of Appeals for the Fifth Circuit that reversed this Court's                 
          imposition of the negligence additions to tax in a pair of non-             
          plastics recycling cases:  Durrett v. Commissioner, 71 F.3d 515             
          (5th Cir. 1996), affg. in part and revg. in part T.C. Memo. 1994-           
          179 and Chamberlain v. Commissioner, 66 F.3d 729 (5th Cir. 1995).           
          The taxpayers in the Durrett and Chamberlain cases were among               
          thousands who invested in the First Western tax shelter program             
          involving alleged straddle transactions of forward contracts.  In           
          the Durrett and Chamberlain cases, the Court of Appeals for the             
          Fifth Circuit concluded that the taxpayers reasonably relied upon           
          professional advice concerning tax matters.  In other First                 
          Western cases, however, the Courts of Appeals have affirmed                 
          decisions of the Tax Court imposing negligence additions to tax.            
          See Foulds v. Commissioner, T.C. Memo. 1994-489 (the well-                  
          educated taxpayer failed to establish the substance of advice,              
          and the purported adviser lacked tax expertise), affd. without              




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