- 35 - employed tax return preparer, and there is no showing in the record that he expressly recommended Plymouth to them. Petitioners did not read the offering memorandum, see a Sentinel EPE recycler, or make any effort to learn about the Plymouth transactions. In addition, the Plymouth transaction is a sham lacking economic substance, and we are not convinced that petitioners had an honest objective of making a profit. Accordingly, we consider the Wright, Daoust, Wood, and Davis cases distinguishable from the instant case. In Mollen v. United States, supra, the taxpayer was a medical doctor who specialized in diabetes and who, on behalf of the Arizona Medical Association, led a continuing medical education (CME) accreditation program for local hospitals. The underlying tax matter involved the taxpayer's investment in Diabetics CME Group, Ltd., a limited partnership which invested in the production, marketing, and distribution of medical educational video tapes. The District Court found that the taxpayer's personal expertise and insight in the underlying investment gave him reason to believe it would be economically profitable. Although the taxpayer was not experienced in business or tax matters, he did 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." See Zfass v. Commissioner,Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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