Bernice M. and Stanley M. Ulanoff - Page 33




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               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 negligence                



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