- 41 - v. Commissioner, 87 T.C. 74, 77 (1986); Snyder v. Commissioner, T.C. Memo. 1995-285; Sacks v. Commissioner, T.C. Memo. 1994-217. We find petitioners' claims of financial naivete and ignorance, particularly with respect to the nature and amount of the tax benefits, disingenuous.14 The direct reductions claimed on petitioners' 1981 tax returns, from the investment tax credits alone, equaled 173 percent of their cash investments. Therefore, like the taxpayers in Provizer v. Commissioner, supra, "except for a few weeks at the beginning, petitioners [Kaliban, Roland, Weber, and Zimmer] never had any money in the * * * [Partnership transactions]." A reasonably prudent person would have asked a qualified adviser if such a windfall were not too good to be true. McCrary v. Commissioner, 92 T.C. at 850. The purported value of the Sentinel EPE recycler generated the deductions and credits in these cases, and that circumstance was reflected in the offering memoranda. Petitioners chose not to read the offering materials, but Alter and Feinstein did read them. Certainly Feinstein recognized and understood the nature of the tax benefits, and he discussed it with Alter. Together they met with each of petitioners and, as Feinstein recalled: 14 In their posttrial briefs, petitioners claim that they "had no knowledge of the extent of the tax benefits available to investors in" the Partnerships or that "the tax benefits in the first year would exceed" their respective investments. However, the majority of the previous investments they had asked Alter and Feinstein to review, if not all of them, were tax shelters. The notion that Alter and Feinstein failed to highlight the amounts of the tax benefits generated by the Partnerships is incredible.Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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