David and Shirley Singer - Page 35

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          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,             






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