Robert D. and Patricia K. Kaliban, et al. - Page 41

                                               - 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.                          




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