- 23 - aspects of the contemplated venture. David v. Commissioner, supra, Goldman v. Commissioner, supra; Freytag v. Commissioner, supra; Beck v. Commissioner, 85 T.C. 557 (1985); Buck v. Commissioner, supra; Lax v. Commissioner, T.C. Memo. 1994-329, affd. without published opinion 72 F.3d 123 (3d Cir. 1995); Sacks v. Commissioner, supra; Steerman v. Commissioner, T.C. Memo. 1993-447; Rogers v. Commissioner, T.C. Memo. 1990-619; see also the Plastics Recycling cases cited in Sann v. Commissioner, supra. Petitioner testified that Marcus introduced the Resource transaction to him and advised that "he thought it was a good investment to make." Like petitioner, Marcus is an attorney specializing in bankruptcy law. Petitioner does not claim that Marcus had any education or experience in plastics materials or plastics recycling. Marcus and petitioner did not discuss Resource or the Plastics Recycling transactions in any depth. Indeed, petitioner did not learn how Marcus became aware of the Plastics Recycling transactions, what Marcus did, if anything, to investigate Resource or the Plastics Recycling transactions, or even whether Marcus received a commission as a result of petitioner's investment. As an offeree representative, Marcus would have been entitled to a commission in the amount of $2,500 as a result of petitioner's investment in Resource. Since the commission would have been paid by default to the general partner if no offeree representative had claimed it, and since petitionerPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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