Robert D. and Patricia K. Kaliban, et al. - Page 45

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            consequence.  Petitioners are not relieved of the negligence                              
            additions to tax based on the preliminary reports prepared by                             
            Carmagnola.                                                                               
                  Petitioners also submitted several documents into the                               
            records of their cases as evidence that they monitored their                              
            investments.  Of those documents, just one concerned Poly                                 
            Reclamation and none concerned Clearwater.  The one that                                  
            concerned Poly Reclamation, dated September 30, 1982, indicated                           
            that three of its Sentinel EPE recyclers had been placed and were                         
            running.15  The remaining documents included two financial                                
            statements for another Plastics Recycling partnership, Stevens                            
            Recycling Associates (Stevens), for the years ended 1982, 1983,                           
            and 1984; two reports regarding the placement of the Sentinel EPS                         
            recyclers owned by Stevens; and an August 29, 1985, letter that                           
            discussed "the impossible pricing situation that continues in the                         
            polystyrene market."  On the subject of the progress reports,                             
            Zimmer testified:  "To be honest with you, I didn't pay that much                         
            attention to anything I got but I know that I got very infrequent                         
            reports * * *.  It was minuscule."  We are not convinced from the                         
            lone Poly Reclamation progress report that petitioners monitored                          
            or took an active interest in their investments in the                                    


            15    The Sept. 30, 1982 update concerning Poly Reclamation was                           
            not made a part of the record in docket No. 10802-89 (the Weber                           
            case).                                                                                    





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