- 23 - for 1983 alone $46,007 in tax losses.7 This represents better than a 4-to-1 writeoff, enough to have put petitioner on "notice that the investment scheme was primarily for a tax purpose." Zfass v. Commissioner, 118 F.3d at 190; Barnard v. Commissioner, 731 F.2d 230, 231 (4th Cir. 1984), affg. Fox v. Commissioner, 80 T.C. 972 (1983); see Goldman v. Commissioner, 39 F.3d 402, 407 (2d Cir. 1994) (Mid Continent offering memorandum promised "improbable tax advantages"), affg. T.C. Memo. 1993-480. It was a "small" investment, testified petitioner, that did not warrant an expensive investigation, and besides, he argues, the problems that caused the partnership to fail were "technical" in nature. While the investment may have been small to petitioner, we disagree that a costly investigation was required to reveal the true nature of the partnership. Petitioner was not an original investor in Mid Continent upon its creation in 1981. Unlike Fields, from whom he obtained his partnership interest in 1983, petitioner had the benefit of 2 years of operations to observe. Petitioner did not have to rely merely on the representations of the partnership. Petitioner testified that he "spoke to" other Mid Continent investors in 1983 before buying Fields' interest. The only information they 7In their brief petitioners state that they received a "tax benefit of $24,000 over two years."Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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