Robert D. and Patricia K. Kaliban, et al. - Page 44

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            preliminary report, Carmagnola states that he has "a serious                              
            concern of actual profit" of a Sentinel EPE recycler and that to                          
            determine whether the machines actually could be profitable, he                           
            required additional information from PI.  Carmagnola also                                 
            indicates that in preparing the report, he did not have                                   
            information available concerning research and development costs                           
            of the machines and that he estimated those costs in his                                  
            valuations of the machines.                                                               
                  Respondent rejected the Carmagnola reports and considered                           
            them unsatisfactory for any purpose, and there is no indication                           
            in the records that respondent used them as a basis for any                               
            determinations in the notices of deficiency.  Even so, counsel                            
            for petitioners obtained copies of these reports and urge that                            
            they support the reasonableness of the values reported on                                 
            petitioners' returns.  Not surprisingly, petitioners' counsel did                         
            not call Carmagnola to testify in these cases, but preferred                              
            instead to rely solely upon his preliminary ill-founded valuation                         
            estimates.  (Carmagnola has not been called to testify in any of                          
            the Plastics Recycling cases before us.)  The Carmagnola reports                          
            were a part of the record considered by this Court and reviewed                           
            by the Court of Appeals for the Sixth Circuit in the Provizer                             
            case, where we held the taxpayers negligent.  Consistent                                  
            therewith, we find in these cases, as we have found previously,                           
            that the reports prepared by Carmagnola are unreliable and of no                          






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