Donald N. and Rosemarie F. Merino - Page 22

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          his experience and the nature of the investment or business.  See           
          Henry Schwartz Corp. v. Commissioner, 60 T.C. 728, 740 (1973).              
          When considering the negligence addition to tax, we evaluate the            
          particular facts of each case, judging the relative                         
          sophistication of the taxpayers, as well as the manner in which             
          they approached their investment.  McPike v. Commissioner, T.C.             
          Memo. 1996-46.  Compare Spears v. Commissioner, T.C. Memo. 1996-            
          341 with Zidanich v. Commissioner, T.C. Memo. 1995-382.                     
               Petitioners contend that they were reasonable in claiming              
          deductions and credits with respect to Northeast.  They maintain            
          that petitioner "conducted a good faith investigation of the                
          Northeast transaction and did not merely rely on the offering               
          memorandum or other materials supplied by the investment vendor."           
          Petitioners further assert that they reasonably expected to make            
          a profit from Northeast because plastic is an oil derivative and            
          the United States was experiencing a so-called oil crisis during            
          the latter 1970's and early 1980's.                                         
               Petitioner's educational background and professional                   
          experience should have enabled him to make a reasonable and                 
          informed assessment of the Sentinel EPE recycler and the                    
          Northeast transaction.  His own testimony is that he reviewed the           
          offering memorandum repeatedly; visited PI and viewed a                     
          demonstration of the machine; spoke with members of WMDI,                   
          Roberts, Bambara, and Celanese personnel; and analyzed the                  
          economics of the transaction.  However, the record in this case,            




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