Ira S. Greene and Robin C. Greene - Page 23

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          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 petitioner           




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