- 45 - 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).Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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