Robert D. and Patricia K. Kaliban, et al. - Page 49

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            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...)               





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