William and Joan Spears - Page 32

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          Department of Energy (DOE), all published in the years 1980 and             
          1981.  Both the articles from Modern Plastics and the report by             
          the DOE speculated on the price of oil, among other things.  The            
          preface to the DOE report cautioned about "the tremendous                   
          uncertainties underlying energy projections" and warned "that               
          [their] projections do not constitute any sort of blueprint for             
          the future."  Reflective of such uncertainties, an April 1980               
          article in Modern Plastics contemplated resin price hikes, while            
          a May 1981 article predicted a leveling off of prices, market               
          disruptions, and an industrywide shakeout.  Spears does not                 
          purport to have read, or in any way relied upon, the DOE report             
          or the Modern Plastics articles, and has not otherwise explained            
          the connection between these speculative materials and his                  
          investing in the Partnerships.                                              
               Petitioners' reliance on Krause v. Commissioner, 99 T.C. 132           
          (1992), affd. sub nom. Hildebrand v. Commissioner, 28 F.3d 1024             
          (10th Cir. 1994), and Rousseau v. United States, 71A AFTR 2d 93-            
          4294, 91-1 USTC par. 50,252 (E.D. La. 1991), is misplaced.  The             
          facts in Krause v. Commissioner, supra, are distinctly different            
          from the facts of these cases.  In the Krause case, the taxpayers           
          invested in limited partnerships whose investment objectives                
          concerned enhanced oil recovery (EOR) technology.  The Krause               









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