- 53 - Accordingly, petitioners will not be relieved of the negligence additions to tax based upon the decisions in the Durrett and Chamberlain cases by the Court of Appeals for the Fifth Circuit. 4. Conclusion as to Negligence Under the circumstances of these consolidated cases, petitioners failed to exercise due care in claiming large deductions and tax credits with respect to the Partnerships on their Federal income tax returns. Petitioners did not read the offering materials or otherwise learn about or independently investigate the Plastics Recycling transactions aside from speaking with Alter and Feinstein. Alter and Feinstein are not investment planners and they did not perform such services for petitioners. Petitioners' purported advisers had no education or experience in plastics materials or plastics recycling and ultimately relied upon the offering materials with respect to the capabilities and market demand for the machines. We hold that petitioners did not reasonably rely upon Alter and Feinstein. The records in these cases indicate that Alter and Feinstein knew that the tax benefits were contingent upon the purported value of the Sentinel EPE recycler, and that they explained all that they had learned to petitioners. Yet neither petitioners nor their 18(...continued) the court to which appeal in the Kaliban, Roland, and Zimmer cases lies. See Golsen v. Commissioner, 54 T.C. 742, 756-758 (1970), affd. 445 F.2d 985 (10th Cir. 1971).Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
Last modified: May 25, 2011