Wayne and Pamela Berry - Page 8




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          profitable, petitioners were left with increasing amounts of                
          discretionary income.  Clothier began providing petitioners with            
          investment advice, meeting with petitioner several times each               
          year.                                                                       
               In 1981 or 1982, Clothier was introduced to the Whitman tax            
          shelter by Ed Margolin (Margolin), a marketer of Whitman.  After            
          speaking with Margolin, Clothier contacted an attorney connected            
          with the tax shelter.  The identity of the attorney is unclear,             
          but the parties have stipulated that the attorney was either the            
          attorney for Samuel Winer (general partner and tax matters                  
          partner of Whitman) or the attorney who wrote the legal opinion             
          contained in the offering memorandum for Whitman.  Clothier also            
          asked one of his other clients, Lee Connel (Connel), an engineer,           
          to discuss the equipment with Winer.  At trial, Clothier                    
          testified that he thought Margolin later told him:  “he had gone            
          down and met with Mr. Winer personally and done some personal               
          investigation of the investment.”  At that point, Clothier                  
          proposed the investment to petitioner.  Prior to these                      
          conversations, Clothier had no knowledge of or experience in the            
          plastics recycling industry.                                                
               At trial, Clothier had difficulty remembering how much                 
          information he had given petitioner before petitioner decided to            
          invest in Whitman.  Clothier recalled telling petitioner that he            
          had contacted the attorney who wrote the legal opinion, that the            






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