David and Shirley Singer - Page 29

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          Bramnick's obvious involvement in this matter, petitioner                   
          purports to have relied on Bach.                                            
               Bach does not have any education, experience, or expertise             
          in engineering, plastics materials, or plastics recycling.  He              
          indicated that his lack of technical background hindered his                
          investigation of Plymouth and the Sentinel EPE recycler.  Bach              
          acknowledged that he had no competence to value the machines; yet           
          he did not independently confirm their value or the economic                
          viability of the Plastics Recycling transactions.  Instead, he              
          relied on the offering memorandum and representations by insiders           
          for the value of the machines and the economic viability of the             
          Plastics Recycling transactions.  See Vojticek v. Commissioner,             
          T.C. Memo. 1995-444, to the effect that advice from such persons            
          "is better classified as sales promotion."                                  
               The purported value of the Sentinel EPE recycler generated             
          the deductions and credits in this case, and that circumstance              
          was reflected in the Plymouth offering memorandum.  Petitioners             
          did not read the offering memorandum, but Bach did.  Certainly              
          Bach recognized and understood the nature of the tax benefits,              
          and he discussed Plymouth and his investigation with Bramnick and           
          petitioner.  In his discussions with Bach and Bramnick,                     
          petitioner learned or should have learned about the amount and              
          nature of the tax benefits.  Indeed, the tax benefits involved              
          herein were not inconsequential and certainly would have been of            
          interest to petitioners in a year in which they recognized in               




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