Bernice M. and Stanley M. Ulanoff - Page 25




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          that the prices of the Sentinel recyclers were reasonable.                  
          Petitioner refers to the marketing axiom that a product may be              
          priced at any amount that the market will bear.  Petitioner                 
          points out that the market will sometimes bear a very high price            
          for a unique product because the product satisfies a void in the            
          marketplace.                                                                
               Although we do not disagree with these general maxims of               
          marketing, petitioner has not pointed to any specific facts that            
          would support the conclusion that the Sentinel EPE and EPS                  
          machines were reasonably priced.  In fact, if petitioner had                
          conducted an independent investigation, his awareness of these              
          marketing principles should have led him to conclude that the               
          Sentinel recyclers were not reasonably priced.                              
               The Sentinel EPE and EPS recyclers were not offered to the             
          general public and the traditional principles of supply and                 
          demand pricing were therefore inapplicable.  See Provizer v.                
          Commissioner, supra.  The transactions were structured in a                 
          manner such that, with the exception of a minimal down payment              
          for the machines, the majority of the purchase price was in the             
          form of a series of offsetting payments only realized through               
          bookkeeping entries.  The purported price tags had nothing to do            
          with traditional principles of supply and demand pricing because            
          the Sentinel recyclers never were offered on the open market, and           
          there is no evidence that anyone ever intended that the recyclers           
          products would be so offered.  See Gottsegen v. Commissioner,               



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