- 75 - Sprague and Becker readily admitted that they possessed no special qualifications or professional skills in the recycling or plastics industries. Steele did not testify, and there is no showing in the records that he possessed any education or experience in plastics materials or plastics recycling. Neither Becker, Steele, nor Sprague ever hired or consulted any plastics engineering or technical experts with respect to the Plastics Recycling transactions. Becker spoke with his client Canno, who apparently had some knowledge of the plastics industry, but the substance of Canno's purported comments is doubtful and he had only minimal information about the transaction. At trial Becker confirmed that in the end he relied exclusively on PI, its personnel, and the offering materials as to the value and purported uniqueness of the machines. Sprague relied on Becker, and Steele assisted Becker. In support of their contention that they acted reasonably, petitioners cite Mauerman v. Commissioner, 22 F.3d 1001 (10th Cir. 1994), revg. T.C. Memo. 1993-23. However, the facts in the Mauerman case are distinctly different from the facts of these cases. In Mauerman, Court of Appeals for the Tenth Circuit held that the Commissioner had abused her discretion by not waiving a section 6661 addition to tax. Like section 6659, a section 6661 addition to tax may be waived by the Commissioner if the taxpayerPage: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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