- 42 - EPS recyclers. It is peculiar that, although petitioner had yet to make a profit from his purchase of a Sentinel EPE recycler, he nevertheless continued to purchase additional, more expensive recyclers, more than doubling his investment. Second, petitioner has presented no evidence that he made a serious effort to monitor his investment in the Sentinel recyclers. At trial, petitioner could not recall the names of the companies with which he placed his machines. Third, petitioner did not know the whereabouts of his recyclers at the time of trial, stating that he had "abandoned" the recyclers because PI failed to maintain them. Petitioner testified that he did not profit from his recyclers because of continual repair problems and PI's failure to maintain and repair the machines as agreed. It would seem to us that a $4,662,667 investment would warrant repair and maintenance, even if such repairs were not performed by PI as initially agreed. Taking all of the above factors into consideration, we think it is more likely than not that petitioner purchased the Sentinel recyclers in an effort to generate tax benefits rather than to make a profit.9 9 Here we are reminded that petitioner learned about the Sentinel recyclers after contacting Miller in an effort to locate equipment that would enable petitioner to take advantage of tax benefits. Although not directly germane to our conclusion set forth in the text, supra, we nevertheless note that petitioner has (continued...)Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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