Marvin W. and Kathryn A. McPike - Page 12

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          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 that            




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