- 58 - 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.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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