John Sann and Marianne Sann, et al. - Page 58

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               We find that petitioners' purported reliance on Maxfield was           
          not reasonable, not in good faith, nor based upon full                      
          disclosure.  Maxfield's expertise was in taxation, not plastics             
          materials or plastics recycling.  He never represented to anyone            
          at Sann & Howe that he knew anything about plastics recycling or            
          plastics materials, and petitioners never had reason to believe             
          otherwise.  In addition, Maxfield never purported to be an expert           
          in tax shelters and stressed that he was not an investment                  
          analyst.  Maxfield viewed his role in the matter as nothing more            
          than "a conveyor of information and of * * *[his] impressions",             
          and he "made it very clear to each of the potential investors               
          [that it was] their business decision [to make], not * * *                  
          [his]."                                                                     
               The purported value of the Sentinel EPE recycler generated             
          the deductions and credits in these cases.  That circumstance was           
          reflected in the offering memoranda, and Maxfield also explained            
          the tax benefits to petitioners.  Accordingly, petitioners                  
          learned or should have learned of the nature of the tax benefits            
          from the offering materials or Maxfield or both.23  However,                
          neither Maxfield, petitioners, nor anyone else at Sann & Howe               


          23   It is not plausible that such experienced and sophisticated            
          attorneys as petitioners remained ignorant of the nature of the             
          tax benefits.  If such was the case, their ignorance could only             
          be explained by (1) their failure to read the offering memoranda,           
          and (2) their failure to listen to Maxfield when he explained the           
          tax benefits to them.                                                       





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