Robert D. and Patricia K. Kaliban, et al. - Page 43

                                               - 43 -                                                 
                  3.  Miscellaneous                                                                   
                  The parties in these consolidated cases stipulated that the                         
            fair market value of a Sentinel EPE recycler in 1981 and up to                            
            1982 was not in excess of $50,000.  Notwithstanding this                                  
            concession, petitioners contend that they were reasonable in                              
            claiming credits on their Federal income tax returns based upon                           
            each recycler having a value of $1,162,666.  In support of this                           
            position, petitioners submitted into evidence preliminary reports                         
            prepared for respondent by Ernest D. Carmagnola (Carmagnola), the                         
            president of Professional Plastic Associates.  Carmagnola had                             
            been retained by the IRS in 1984 to evaluate the Sentinel EPE and                         
            EPS recyclers in light of what he described as "the fantastic                             
            values placed on the * * * [recyclers] by the owners."  Based on                          
            limited information available to him at that time, Carmagnola                             
            preliminarily estimated that the value of the Sentinel EPE                                
            recycler was $250,000.  However, after additional information                             
            became available to him, Carmagnola concluded in a signed                                 
            affidavit, dated March 16, 1993, that the machines actually had a                         
            fair market value of not more than $50,000 each in the fall of                            
            1981.                                                                                     
                  We accord no weight to the Carmagnola reports submitted by                          
            petitioners.  The projected valuations therein were based on                              
            inadequate information, research, and investigation, and were                             
            subsequently rejected and discredited by their author.  In one                            






Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  Next

Last modified: May 25, 2011