John Sann and Marianne Sann, et al. - Page 66

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          consult with an accountant and a tax lawyer regarding those                 
          matters.  Moreover, the District Court noted that the propriety             
          of the taxpayer's disallowed deduction therein was "reasonably              
          debatable."  Id. at 93-6447, 93-2 USTC par. 50,585, at 89,895;              
          see Zfass v. Commissioner, T.C. Memo. 1996-167.                             
               In contrast, petitioners in these cases did not have any               
          personal insight or industry know-how in plastics recycling that            
          would reasonably lead them to believe that the Plastics Recycling           
          transactions would be economically profitable.  Although Sann               
          spoke to client contacts in the oil business about the price of             
          oil, he understood that they could only speculate about the                 
          direction of the price of oil.  Moreover, petitioners' purported            
          adviser, Maxfield, advised the members of Sann & Howe that the              
          relationship between the price of the recycled pellets and the              
          price of oil was a negative aspect of the investment.                       
          Petitioners and Maxfield relied upon the offering materials and             
          persons with an interest in the Plastics Recycling transactions.            
          Accordingly, we consider petitioners' arguments with respect to             
          the Mollen case inapplicable under the circumstances of these               
          cases.                                                                      
               Petitioners' arguments are not supported by Anderson v.                
          Commissioner, supra, where the taxpayers were found liable for              
          the negligence additions to tax.  In Anderson, the taxpayers                
          claimed tax benefits based upon their acquisition of property               
          listed at $124,500, for which they actually paid $6,225 in a cash           




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