Robert D. and Patricia K. Kaliban, et al. - Page 42

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            "touched on what we had all learned about the background of the                           
            people, what I had learned by my discussions with people, what                            
            the other partners had learned about the venture and conveyed to                          
            me."  As a result of these meetings, petitioners learned about                            
            the nature of the tax benefits, as well as Alter's and                                    
            Feinstein's reliance on the offering materials and                                        
            representations by insiders for the value of the machines and the                         
            economic viability of the Plastics Recycling transactions.                                
                  Neither Alter nor Feinstein had any expertise or experience                         
            in plastics materials or plastics recycling, and petitioners had                          
            no reason to believe otherwise.  Alter had no competence to value                         
            the machines, and neither he nor Feinstein independently                                  
            confirmed their value or the economic viability of the Plastics                           
            Recycling transactions.  The records in these cases show that                             
            petitioners clearly possessed the intelligence and background to                          
            recognize that further investigation was required.  A taxpayer                            
            may rely upon his adviser's expertise, but it is not reasonable                           
            or prudent for a taxpayer to rely upon an adviser regarding                               
            matters outside of his field of expertise or with respect to                              
            facts that he does not verify.  See David v. Commissioner, 43                             
            F.3d at 789-790; Goldman v. Commissioner, 39 F.3d at 408; Skeen                           
            v. Commissioner, supra; Lax v. Commissioner, T.C. Memo. 1994-329;                         
            Sacks v. Commissioner, supra; Rogers v. Commissioner, T.C. Memo.                          
            1990-619.                                                                                 






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