James D. Barber and Betty L. Barber - Page 22




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          plastics recycling industry, and he had, at most, only limited              
          experience in marketing recycling or similar equipment.                     
          Petitioner’s brother had no specialized knowledge of the plastics           
          recycling industry, and he had no expertise in appraising either            
          the value of property in general or plastics recycling machines             
          in particular.  Petitioner did not know whether his brother had             
          any knowledge regarding the value of the Sentinel EPS recyclers,            
          nor did petitioner know whether his brother talked to anyone in             
          the plastics industry before giving him “advice”.  Petitioner               
          also did not know whether his brother read the offering                     
          memorandum.                                                                 
               At the time that petitioner signed the subscription                    
          agreement and invested in Whitman, petitioner did not have any              
          education or work experience in either plastics materials or                
          plastics recycling, nor did petitioner have any specialized                 
          knowledge about either the plastics industry in general or the              
          Sentinel EPS recycler in particular.                                        
               In contrast, at the time that he signed the subscription               
          agreement, petitioner knew that his investment in Whitman offered           
          immediate tax benefits in excess of his $15,000 investment.                 
          Petitioner had not previously made any investment that offered              
          immediate tax benefits in excess of his investment.  Petitioner             
          was influenced to invest in Whitman by the tax benefits described           
          in the offering memorandum and the statements made by Winer                 






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Last modified: May 25, 2011