- 12 - example, in 1983 they used GD&L losses of $33,758 to offset gross income of $53,422, and in 1984 they used GD&L losses of $23,484 to offset gross income of $75,664. The substantial losses that GD&L generated for 2 consecutive years should have concerned even unsophisticated investors. Although petitioners may not have fully understood their GD&L investment and may not have known all the "gremlins" that were present in the investment, it would seem that they should have inquired. See Maminga v. Commissioner, T.C. Memo. 1995-361; Sacks v. Commissioner, T.C. Memo. 1994-217. We have considered Heasley v. Commissioner, 902 F.2d 380 (5th Cir. 1990), revg. T.C. Memo. 1988-408, in our evaluation of this case. In Heasley, the taxpayers were not educated beyond high school and had limited investment experience. The taxpayers in Heasley relied upon the advice of an independent accountant who apparently did not receive a commission from the sale of the tax shelter in which the taxpayers invested. Further, the taxpayers actively monitored their investment and intended to profit from the investment. We cannot reach similar conclusions in the instant case. Although petitioners have educational backgrounds similar to the taxpayers in Heasley, they did not have an accountant or any other individual independently review the container investment. Instead, they relied only on the advice of Lukensow and the promotional materials. Moreover, petitioners made no effort to monitor their investment, and they have failed to establish thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011