- 49 - profitable.16 Feinstein spoke to Lauren, but their discussion was limited to Lauren's impression of PI. Lauren did not read an offering memorandum, see a Sentinel EPE recycler, or do any type of investigation into the plastics recycling market. Neither petitioners nor their purported advisers hired any independent experts in the field of plastic materials or plastics recycling. They relied upon the offering materials and representations by insiders to the Plastics Recycling transactions. Accordingly, we consider petitioners' arguments with respect to the Mollen case inapplicable under the circumstances of these cases. Petitioners' reliance upon the Court of Appeals for the Ninth Circuit's partial reversal of our decision in Osterhout v. Commissioner, supra, is misplaced. In Osterhout, we found that certain oil and gas partnerships were not engaged in a trade or business and sustained the Commissioner's imposition of the negligence additions to tax with respect to one of the partners therein.17 The Court of Appeals for the Ninth Circuit reversed 16 Alter claimed that he spoke to Ferraro, who apparently worked for one or more summers at a plastics company, and Carroll, who purportedly had an engineering background. However, neither Ferraro nor Carroll testified in these cases, and the records fail to establish that they were qualified to analyze the Sentinel EPE recycler or the Plastics Recycling transactions. Further, Feinstein testified that he did not believe Ferraro or any of the other members of Shea & Gould that he spoke with had any education or experience in the plastics industry. 17 Osterhout v. Commissioner, T.C. Memo. 1993-251, affd. in (continued...)Page: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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