- 46 - Partnerships, particularly in view of their lack of effort to learn about or independently investigate the Plastics Recycling transactions prior to investing in them. Petitioners cite a number of cases in support of their positions, but primarily rely on Balboa Energy Fund 1981 v. Commissioner, 85 F.3d 634 (9th Cir. 1996), affg. in part and revg. in part without published opinion Osterhout v. Commissioner, T.C. Memo. 1993-251; Durrett v. Commissioner, 71 F.3d 515 (5th Cir. 1996), affg. in part and revg. in part T.C. Memo. 1994-179; Chamberlain v. Commissioner, 66 F.3d 729 (5th Cir. 1995), affg. in part and revg. in part T.C. Memo. 1994-228; Wright v. Commissioner, T.C. Memo. 1994-288; Wood v. Commissioner, T.C. Memo. 1991-205; Davis v. Commissioner, T.C. Memo. 1989-607; Mollen v. United States, 72 AFTR 2d 93-6443, 93-2 USTC par. 50,585 (D. Ariz. 1993). Petitioners' reliance on the Wright, Wood, and Davis cases, wherein this Court declined to sustain the negligence additions to tax, is misplaced. In the Wright case, the taxpayers, who suddenly had acquired wealth after a lifetime of modest earnings, relied upon a well-recommended financial planner who expressly recommended the subject investment as part of an overall plan that included a variety of investments. The taxpayers reviewed the offering memorandum and were advised that the investment partnership already had been audited by the IRS and that thePage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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