Robert D. and Patricia K. Kaliban, et al. - Page 53

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            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).                                              





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