Jeffrey I. and Roberta H. Stone - Page 33

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          opinion states that during the late 1970's and early 1980's, the            
          Federal Government adopted specific programs to aid research and            
          development of EOR technology.  Id. at 135-136.  In holding that            
          the taxpayers in the Krause case were not liable for the                    
          negligence additions to tax, this Court noted that one of the               
          Government's expert witnesses acknowledged that "investors may              
          have been significantly and reasonably influenced by the energy             
          price hysteria that existed in the late 1970's and early 1980's             
          to invest in EOR technology."  Id. at 177.  In the present cases,           
          however, one of respondent's experts, Steven Grossman, explained            
          that the price of plastics materials is not directly proportional           
          to the price of oil, that less than 10 percent of crude oil is              
          utilized for making plastics materials, and that studies have               
          shown that "a 300% increase in crude oil prices results in only a           
          30 to 40% increase in the cost of plastics products."  While EOR            
          was, according to our Krause opinion, in the forefront of                   
          national policy and the media during the late 1970's and 1980's,            
          there is no showing in these records that the so-called energy              
          crisis would provide a reasonable basis for petitioners'                    
          investing in recycling of polyethylene, particularly in the                 
          machinery here in question.                                                 
               Moreover, the taxpayers in the Krause opinion were                     
          experienced in or investigated the oil industry and EOR                     
          technology specifically.  One of the taxpayers in the Krause case           
          undertook significant investigation of the proposed investment              




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