Bernice M. and Stanley M. Ulanoff - Page 26




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          supra; Provizer v. Commissioner, supra.  The exorbitant cost of             
          the machines, $1,162,667 for the Sentinel EPE recycler and                  
          $1,750,000 for the Sentinel EPS recycler, would therefore have              
          only been reasonable if there were other factors to justify such            
          cost.                                                                       
               However, other factors indicate that the Sentinel recyclers            
          were highly overvalued.  For instance, the Sentinel recyclers               
          were not unique.  Respondent's experts identified other machines            
          that were not only functionally equivalent to the Sentinel                  
          recyclers but were also significantly less expensive.  We have              
          found that information regarding comparable, less expensive                 
          recyclers was widely available.  If a potential purchaser,                  
          especially an individual sophisticated in marketing and research            
          techniques, had conducted a due diligence investigation into the            
          Sentinel recyclers, such potential purchaser should have learned            
          that comparable, less expensive equipment existed and that the              
          Sentinel recyclers were overvalued.                                         
               Petitioner claims that in determining the value of the                 
          recyclers he did not discover any machines capable of performing            
          the functions performed by the Sentinel recyclers.  However,                
          there is no indication in the record that petitioner surveyed the           
          then current information regarding recyclers.6  Rather,                     


               6  In his marketing reports, petitioner stated that he                 
          independently investigated the value of the recyclers by                    
          discussing the matter with "nonrelated principals in the                    
                                                             (continued...)           



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