Robert D. and Patricia K. Kaliban, et al. - Page 46

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            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 the                              






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