David and Shirley Singer - Page 21

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          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 a            
          loss deduction and investment tax and business energy credits               
          with respect to Plymouth.  Petitioner maintains that he expected            
          an economic profit in light of the so-called oil crisis in the              
          United States in 1981, and that he reasonably relied upon Bach as           
          a qualified adviser on this matter.                                         
               1.  The So-Called Oil Crisis                                           
               Petitioner claims that he reasonably expected to make an               
          economic profit because plastic is an oil derivative and the                
          United States was experiencing a so-called oil crisis when he               
          invested in Plymouth.  Based upon our review of the record, we              
          find petitioner's claim unconvincing, regardless of the so-called           
          oil crisis.  Moreover, testimony by one of respondent's experts             
          establishes that the oil pricing changes during the late 1970's             
          and early 1980's did not justify petitioners' claiming excessive            
          investment credits and purported losses based on vastly                     
          exaggerated valuations of recycling machinery.                              
               Petitioner testified that he "was told by Marty [Bach] or              
          Abe Bramnick that the potential of the investment is great                  
          because oil is going crazy and this thing was something".                   
          Bramnick did not testify at the trial of this case, and Bach                
          could not recall the substance of his communications with                   
          petitioner.  Petitioner did not read the Plymouth offering                  




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