Keith E. and Marilyn B. West - Page 24




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          testified that he probably referred to Hamilton as a tax shelter.           
          Warren also testified that he knew that Masters was a tax                   
          shelter.                                                                    
               Petitioners’ reliance on Krause v. Commissioner, 99 T.C. 132           
          (1992), affd. sub nom. Hildebrand v. Commissioner, 28 F.3d 1024             
          (10th Cir. 1994), is misplaced.  The facts in Krause are                    
          distinguishable from the facts in these cases.  In Krause, the              
          taxpayers invested in limited partnerships whose investment                 
          objectives concerned enhanced oil recovery (EOR) technology.  The           
          Krause opinion states that during the late 1970’s and early                 
          1980’s, the Federal Government adopted specific programs to aid             
          research and development of EOR technology.  See id. at 135-136.            
          In holding that the taxpayers in Krause were not liable for the             
          negligence addition to tax, this Court noted that one of the                
          Government’s expert witnesses acknowledged that “investors may              
          have been significantly and reasonably influenced by the energy             
          price hysteria that existed in the late 1970s and early 1980s to            
          invest in EOR technology.”  Id. at 177.  While EOR was, according           
          to our opinion in Krause, at the forefront of national policy and           
          the media during the late 1970’s and early 1980’s, petitioners              
          have failed to demonstrate that the so-called energy crisis                 
          provided a reasonable basis for them to invest in Masters.                  
               In addition, the taxpayers in Krause were either experienced           
          in or investigated the oil industry and EOR specifically.  One of           






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