- 33 - There is no indication that petitioner took any steps to ensure that, or even to inquire whether, the recyclers were actually placed with end-users. Surely, concern for the environment would have led him to do so. Based on the record, we do not think that petitioner would have invested in the Partnerships were it not for the prospect of the sizable tax benefits that the Partnerships offered. Thus, even if petitioner were enthusiastic about recycling, petitioner did not act reasonably by claiming deductions and credits with respect to the Partnerships. D. Conclusion Regarding Negligence. In view of his sophistication and educational background, petitioner learned or should have learned that the Sentinel recyclers were not unique, that they were not worth in excess of $50,000 each, and that Plymouth and Taylor lacked economic substance and had no potential for profit. Therefore, under the circumstances of these cases, petitioner failed to exercise due care in claiming loss deductions and tax credits with respect to the Partnerships on his Federal income tax returns for 1981 through 1984. Taking all of the above factors into consideration, we think it is more likely than not that petitioner invested in the Partnerships in an effort to generate tax benefits, rather than to make a profit. Upon consideration of the entire record, we hold that petitioner is liable for the additions to tax for negligencePage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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