Bernice M. and Stanley M. Ulanoff - Page 30




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          recyclers.7  Bambara and Taggert were promoters of the Plastics             
          Recycling leasing programs.  Reliance on representations by                 
          insiders or promoters has been held to be an inadequate defense             
          to negligence.  See Goldman v. Commissioner, 39 F.3d 402 (2d Cir.           
          1994), affg. T.C. Memo. 1993-480; LaVerne v. Commissioner, 94               
          T.C. 637, 652-653 (1990), affd. without published opinion 956               
          F.2d 274 (9th Cir. 1992), affd. in part without published opinion           
          sub nom. Cowles v. Commissioner, 949 F.2d 401 (10th Cir. 1991).             
          Further, in general a taxpayer cannot reasonably rely on the                
          advice of the promoter of a tax shelter with respect to the                 
          substantive merits or the tax treatment of items in connection              
          with that program.  See Patin v. Commissioner, 88 T.C. 1086, 1131           
          (1987), affd. without published opinion 865 F.2d 1264 (5th Cir.             
          1989), affd. sub nom. Gomberg v. Commissioner, 868 F.2d 865 (6th            
          Cir. 1989), affd. sub nom. Skeen v. Commissioner, 864 F.2d 93               
          (9th Cir. 1989), affd. per curiam without published opinion sub             
          nom. Hatheway v. Commissioner, 856 F.2d 186 (4th Cir. 1988);                
          Kleiger v. Commissioner, T.C. Memo. 1992-734.  Advice from such             
          individuals "is better classified as sales promotion".  Vojticek            


               7  Petitioner also claims that he discussed his investment             
          with one of his colleagues, a professor knowledgeable in the                
          plastics industry, who opined to petitioner that the investment             
          appeared profitable.  Petitioner relied principally on his own              
          testimony in an effort to establish this matter.  However, we do            
          not find petitioners' self-serving testimony sufficient or                  
          particularly reliable in this regard.  See Tokarski v.                      
          Commissioner, 87 T.C. 74, 77 (1986); Hawkins v. Commissioner,               
          T.C. Memo. 1993-517, affd. without published opinion 66 F.3d 325            
          (6th Cir. 1995).                                                            



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