- 24 - 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 ofPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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