Robert Gottsegen - Page 36

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          and Ulanoff] to tell me what the machine would do and what the              
          profit would be."  Accordingly, we find that petitioner did not             
          in fact rely on the advice of Ulanoff and Burstein in purchasing            
          either his Sentinel EPE recycler in 1981 or his Sentinel EPS                
          recyclers in 1982.                                                          
               Further, we find that petitioner did not rely on the legal             
          opinion issued by WMDI in purchasing his Sentinel EPE recycler in           
          1981.  The legal opinion issued by WMDI on October 15, 1981, was            
          not introduced into evidence at trial, and the contents of such             
          opinion were not disclosed at trial.  We assume that because the            
          Sentinel EPS recyclers did not exist before 1982, the legal                 
          opinion issued by WMDI on October 15, 1981, pertains to                     
          petitioner's purchase of the Sentinel EPE recycler in 1981.  This           
          being the case, petitioner could not have possibly relied on the            
          opinion as it was issued on October 15, 1981, approximately 1               
          week after petitioner purchased his Sentinel EPE recycler.  Thus,           
          we find that petitioner did not, in fact, rely on the legal                 
          opinion issued by WMDI in purchasing the Sentinel EPE recycler in           
          1981.                                                                       
               Additionally, petitioner failed to argue, either on brief or           
          at trial, that he relied on the legal opinion issued by Boylan &            
          Evans in purchasing the Sentinel EPS recyclers.  In fact,                   
          petitioner mentioned this opinion only when he was cross-examined           
          by respondent.  On the record before us, petitioner has failed to           
          persuade us that he relied on the opinion of Boylan & Evans in              




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