Bruce and Lois Zenkel, et al. - Page 75

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               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 taxpayer           








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