James D. Barber and Betty L. Barber - Page 43




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               Recyclers, reasonable profit, comparables,                             
               capitalization of income, or other factors normally                    
               used in equipment appraisals.                                          
          In other words, no rational basis existed for the exorbitant                
          value assigned to the recyclers in the offering memorandum.                 
               At trial, Thompson testified that “I don’t consider my                 
          letter to be a rousing endorsement of the investment”, an                   
          assertion that can only be described as an understatement when              
          one considers the conclusion expressed in the letter: “I believe            
          you may rely upon [the offering memorandum] notwithstanding this            
          letter, for this letter is no more legally enforceable than the             
          Memorandum.” (Emphasis added.)  We regard this conclusion as                
          tantamount to a total disclaimer, a view that is supported by               
          Thompson’s testimony at trial:                                              
                    Q:  Is there any reservation that you have on this                
               * * * [conclusion] of the letter?                                      
                    A:  Do I have a reservation?  You mean would I                    
               take anything back of what I said?                                     
                    Q:  Sure.                                                         
                    A:  No, I don’t think I gave very much away.                      
               There’s nothing to take back.                                          
               Petitioner’s contention that he regarded Thompson’s letter             
          as positive justification for claiming the tax credits and loss             
          deductions is, of course, self-serving.  See Tokarski v.                    
          Commissioner, 87 T.C. at 77; Niedringhaus v. Commissioner, 99               
          T.C. at 219-220.  To accept petitioner’s contention would require           
          us to ignore the clear tenor of the letter and take several                 





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