William and Joan Spears - Page 55

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          rely solely upon his preliminary, ill-founded valuation                     
          estimates.  The Carmagnola reports were a part of the record                
          considered by this Court and reviewed by the Sixth Circuit Court            
          of Appeals in the Provizer case, where we held the taxpayers                
          negligent.  Consistent therewith, we find in these cases, as we             
          have found previously, that the reports prepared by Carmagnola              
          are unreliable and of no consequence.  Spears will not be                   
          relieved of the negligence additions to tax based on the                    
          preliminary reports prepared by Carmagnola.                                 
               Spears also placed into the record of his case several                 
          documents, ostensibly submitted as evidence that he monitored his           
          investments in the Plastics Recycling transactions.  These                  
          included unaudited, unreviewed financial statements of SAB                  
          Leasing Associates for 1982, a 1982 update regarding placement of           
          the recyclers, financial statements of SAB Associates for 1979              
          and 1980, and introductory information regarding SAB Leasing                
          Associates.  Spears did not testify or otherwise indicate that he           
          ever examined these documents.  At trial, Spears could not recall           
          having received and read a confidential memorandum, addressed to            
          all limited partners, that discussed SAB Associates' change of              
          business from tax straddle investments to leasing plastics                  
          recyclers.  Spears could not recall the conversations he had with           
          Becker; he did not know how many SAB recycling partnerships                 
          Becker was involved in; and he did not know whether there was an            
          established market for the Sentinel EPE recyclers.  The offering            




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