- 8 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011