Daniel L. and Ingrid N. Carroll - Page 25




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          angle design of the EPE recyclers and the purportedly unique                
          chemical process used to recycle the material) and warranted the            
          $1,162,667 price tag.                                                       
              Although petitioner may have been more familiar with                   
          chemical processes because of his college degree--or with machine           
          designs because of his limited patent law experience–-than the              
          average investor, it is clear that he did not have adequate                 
          plastics industry knowledge to evaluate the investment.  See                
          Addington v. Commissioner, supra.  Petitioner did not have any              
          expertise in plastics recycling or evaluation of machinery,                 
          including plastics recycling equipment, to evaluate competently             
          the profitability of the Clearwater transaction.                            
               We have found that the EPE recyclers did not have a fair               
          market value of more than $50,000 and that the recyclers did not            
          have any unique features warranting their exorbitant pricetag.              
          By simply relying on petitioner’s limited knowledge and                     
          experience, without independent research or consultation,                   
          petitioners never made an adequate effort to learn that the EPE             
          recyclers were highly overvalued or the true nature of the                  
          transaction as a sham.                                                      
               There is also no indication that petitioners invested the              
          necessary time to gain the requisite expertise to evaluate their            
          investment.  Petitioners claim that petitioner discussed the                
          investment with several partners in his firm, the majority of               





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