John Sann and Marianne Sann, et al. - Page 49

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               Petitioners' reliance on Krause v. Commissioner, 99 T.C. 132           
          (1992), affd. sub nom. Hildebrand v. Commissioner, 28 F.3d 1024             
          (10th Cir. 1994), is misplaced.  The facts in the Krause case are           
          distinctly different from the facts of these cases.  In the                 
          Krause case, the taxpayers invested in limited partnerships whose           
          investment objectives concerned enhanced oil recovery (EOR)                 
          technology.  The Krause opinion states that during the late                 
          1970's and early 1980's, the Federal Government adopted specific            
          programs to aid research and development of EOR technology.  Id.            
          at 135-136.  In holding that the taxpayers in the Krause case               
          were not liable for the negligence additions to tax, this Court             
          noted that one of the Government's expert witnesses acknowledged            
          that "investors may have been significantly and reasonably                  
          influenced by the energy price hysteria that existed in the late            
          1970s and early 1980s to invest in EOR technology."  Id. at 177.            
          In the present cases, however, as explained by respondent's                 
          expert Steven Grossman, the price of plastics materials was not             
          directly proportional to the price of oil, and there is no                  
          persuasive evidence that the so-called oil crisis had or                    
          reasonably should have had a substantial bearing on petitioners'            
          decisions to invest.  While EOR was, according to our Krause                
          opinion, in the forefront of national policy and the media during           
          the late 1970's and 1980's, there is no showing in these records            
          that the so-called energy crisis would provide a reasonable basis           






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