David and Shirley Singer - Page 40

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          tax based upon the decisions in the Durrett and Chamberlain cases           
          by the Court of Appeals for the Fifth Circuit.                              
               4.  Conclusion as to Negligence                                        
               Under the circumstances of this case, petitioners failed to            
          exercise due care in claiming a large loss deduction and tax                
          credits with respect to Plymouth on their 1981 Federal income tax           
          return.  Petitioner declined to read the offering memorandum,               
          visit PI, or otherwise learn about the Plymouth transactions and            
          the Sentinel EPE recycler to any significant extent.  Instead,              
          petitioner purports to have relied on Bach, the accountant he               
          only recently had retained to prepare petitioners' tax return.              
          Bach had no education or experience in plastics materials or                
          plastics recycling, and he ultimately relied upon the offering              
          memorandum for the value of, capabilities, and market demand for            
          the machines.  The tax benefits flowing from Plymouth were                  
          contingent upon the purported value of the Sentinel EPE recycler.           
          Yet neither petitioner nor Bach in good faith investigated the              
          fair market value of a Sentinel EPE recycler, or the underlying             
          viability, financial structure, and economics of the Plymouth               
          transaction.  We hold, upon consideration of the entire record,             
          that petitioners are liable for the negligence additions to tax             
          under section 6653(a)(1) and (2) for the taxable year at issue.             
          We note that in this case because of sanctions, petitioners have            
          the burden of proof with respect to negligence.  However, on this           
          record respondent has proved petitioners' negligence, and our               




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