Robert Gottsegen - Page 41

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          RRI, was responsible for placing many Sentinel EPS recyclers with           
          end-users and could not place his personal recyclers in the most            
          profitable locations.  Thus, petitioner was unreasonable in his             
          estimate of the quantity of expanded polystyrene that his                   
          recyclers could process.                                                    
               Further, petitioner's assumption that he could profit                  
          between 20 and 30 cents per pound was based on his anticipation             
          of rising oil prices and its effect on the price of plastic                 
          resins.  Aside from the highly speculative nature of this                   
          assumption, respondent's expert, Grossman, testified that the               
          plastics industry is "remarkably independent" from the                      
          petrochemical industry, and that a 300-percent rise in oil prices           
          would result in only a 30-40 percent price increase in plastic              
          products.                                                                   
               Petitioner failed to provide the Court with any details                
          regarding his projections, simply stating that he used the same             
          formula that he has always used in purchasing machinery.  Thus,             
          it is not apparent whether petitioner's projections accounted for           
          expenses such as labor, transportation, and overhead.                       
          Accordingly, we have insufficient information with respect to               
          petitioner's projections to conclude that they were reasonable.             
               Finally, several independent factors persuade us that                  
          petitioner was not particularly concerned with earning a profit             
          from his recyclers.  First, only 14 months after petitioner                 
          purchased his Sentinel EPE recycler, he purchased two Sentinel              




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