- 20 -                                         
          Commissioner, 949 F.2d 401 (10th Cir. 1991); Marine v.                      
          Commissioner, 92 T.C. 958, 992-993 (1989), affd. without                    
          published opinion 921 F.2d 280 (9th Cir. 1991); McCrary v.                  
          Commissioner, 92 T.C. 827, 850 (1989); Rybak v. Commissioner, 91            
          T.C. 524, 565 (1988).  We have rejected pleas of reliance when              
          neither the taxpayer nor the advisers purportedly relied upon by            
          the taxpayer knew anything about the nontax business aspects of             
          the contemplated venture.  Beck v. Commissioner, 85 T.C. 557                
          (1985); Flowers v. Commissioner, 80 T.C. 914 (1983); Steerman v.            
          Commissioner, T.C. Memo. 1993-447.                                          
               Based upon our review of the entire records in these cases,            
          we hold that Stone's purported reliance on Tomasetti, and Cote's            
          purported reliance on Frabotta and Omohundro, and through them              
          Tomasetti, was not reasonable, not in good faith, nor based upon            
          full disclosure.  Neither petitioners, nor their supposed                   
          advisers, nor anyone affiliated with them had any education or              
          work experience in plastics materials or plastics recycling.                
          Neither petitioners nor their supposed advisers consulted any               
          independent experts or conducted anything approaching a                     
          meaningful investigation.  In addition, it is clear that                    
          Tomasetti had serious concerns regarding the recycler's purported           
          value, and nothing in the records indicates that his concerns               
          were not communicated to petitioners.                                       
               Frabotta's purported investigation entailed speaking to a              
          client contact at Global Marine about the price of oil, a review            
Page:  Previous   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   NextLast modified: May 25, 2011