- 29 - Court found that the taxpayer's personal expertise and insight in the underlying investment gave him reason to believe it would be economically profitable. Although the taxpayer was not experienced in business or tax matters, he did consult with an accountant and a tax lawyer regarding those matters. Moreover, the District Court noted that the propriety of the taxpayer's disallowed deduction therein was "reasonably debatable." See Zfass v. Commissioner, T.C. Memo. 1996-167. The records in these cases show that none of petitioners or their supposed advisers had any formal education, expertise, or experience in plastics or plastics recycling. None of them had any personal insight or industry know-how in plastics recycling that would reasonably lead them to believe that the Partnership transactions would be economically profitable. The extent of Tomasetti's, Frabotta's, and Omohundro's "investigation" was a tour of PI's plant in Hyannis and a discussion with PI personnel and insiders to the Partnership transactions. No independent experts in the field of plastics or plastics recycling were consulted by any of petitioners or their advisers. The facts of these cases are distinctly different from those in the Mollen case. Thus, we consider petitioners' arguments with respect to the Mollen case inapplicable under the circumstances of these cases. Petitioner's arguments are not supported by the Ninth Circuit Court of Appeals' partial reversal of our decision inPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011