David and Shirley Singer - Page 36

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          F.3d     (4th Cir. June 23, 1997), affg. T.C. Memo. 1996-167,               
          and sustaining findings of negligence in a similar transaction.             
               In contrast, petitioners and their purported adviser did not           
          have any personal insight or industry know-how in plastics                  
          recycling that would reasonably lead them to believe that the               
          Plastics Recycling transactions would be economically profitable.           
          Further, neither Bach nor petitioners consulted or hired any                
          independent experts in the field of plastic materials or plastics           
          recycling.5  Instead, they relied upon the offering materials and           
          representations by insiders to the Plastics Recycling                       
          transactions.  We consider petitioners' arguments with respect to           
          Mollen v. United States, supra, inapplicable under the                      
          circumstances of this case, particularly in light of the opinion            
          of the Court of Appeals for the Fourth Circuit in Zfass v.                  
          Commissioner, supra.                                                        
               Petitioners' reliance upon the Court of Appeals for the                
          Ninth Circuit's partial reversal of our decision in Osterhout v.            
          Commissioner, T.C. Memo. 1993-251, affd. in part and revd. in               
          part without published opinion sub nom. Balboa Energy Fund 1981             
          v. Commissioner, 85 F.3d 634 (9th Cir. 1996), is misplaced.  In             
          Osterhout, we found that certain oil and gas partnerships were              

          5    Bach testified that he discussed the Plastics Recycling                
          transactions and visited PI with Gardino, whom he claims had a              
          technical background.  However, Gardino did not testify in this             
          case, and the record does not show that he was qualified to                 
          analyze the Sentinel EPE recycler or the Plastics Recycling                 
          transactions.                                                               




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