David and Shirley Singer - Page 33

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          of the machines and that he estimated those costs in his                    
          valuations of the machines.                                                 
               Respondent rejected the Carmagnola reports and considered              
          them unsatisfactory for any purpose, and there is no indication             
          in the record that respondent used them as a basis for any                  
          determinations in the notice of deficiency.  Even so, counsel for           
          petitioners obtained copies of these reports and urge that they             
          support the reasonableness of the value reported on petitioners'            
          1981 return.  Not surprisingly, petitioners' counsel did not call           
          Carmagnola to testify in this case, but preferred instead to rely           
          solely upon his preliminary ill-founded valuation estimates                 
          (Carmagnola has not been called to testify in any of the Plastics           
          Recycling cases before us).  The Carmagnola reports were a part             
          of the record considered by this Court and reviewed by the Sixth            
          Circuit Court of Appeals in the Provizer case, where we held the            
          taxpayers negligent.  Consistent therewith, we find in this case,           
          as we have found previously, that the reports prepared by                   
          Carmagnola are unreliable and of no consequence.                            
               Petitioners cite a number of cases in support of their                 
          position, including Balboa Energy Fund 1981 v. Commissioner, 85             
          F.3d 634 (9th Cir. 1996), affg. in part and revg. in part without           
          published opinion Osterhout v. Commissioner, T.C. Memo. 1993-251;           
          Durrett v. Commissioner, 71 F.3d 515 (5th Cir. 1996), affg. in              
          part and revg. in part T.C. Memo. 1994-179; Chamberlain v.                  
          Commissioner, 66 F.3d 729 (5th Cir. 1995), affg. in part and                




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