- 43 - 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 severalPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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