- 35 - industry know-how in plastics recycling which would reasonably lead them to believe that the Partnership transactions would be economically profitable. The extent of the Bachmann, Schwartz investigation was a tour of PI's plant in Hyannis and a discussion with the principals of PI. No independent experts in the field of plastics or plastics recycling were consulted by petitioners or Bachmann, Schwartz. The facts of these cases are distinctly different from those in the Mollen case. We consider petitioners' arguments with respect to the Mollen case inapplicable. Petitioners' arguments are not supported by Anderson v. Commissioner, 62 F.3d 1266 (10th Cir. 1995), affg. T.C. Memo. 1993-607, where the taxpayers were found liable for negligence additions to tax. In Anderson, the taxpayers claimed tax benefits based upon their acquisition of property listed at $124,500, for which they actually paid $6,225 in a cash downpayment (5 percent of the purchase price) plus a 5-year financing arrangement. Had the acquisition been nothing more than a $6,225 passive investment, noted the Court of Appeals, it would have been reasonable for the taxpayers to rely on the advice of a good friend who had thoroughly investigated the investment.11 However, because the transaction was structured 11 The adviser had his accountant and attorney review and check out the structure of the investment; he spoke with the investment principal; he looked into the principal's background and checked out his references, banks, other business connections, and the Better Business Bureau; and he spoke with competitors to make (continued...)Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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