- 55 - 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 offeringPage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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