- 22 - the contemplated venture. See David v. Commissioner, supra; Freytag v. Commissioner, supra. The purported value of the recyclers generated the deductions and credits.6 This circumstance was clearly reflected in the offering memorandum. Although petitioner was given a copy of the offering memorandum, petitioner chose not to read it. Instead, he exclusively relied on representations made by Clothier. In his discussions with petitioner about Whitman, Clothier emphasized the tax benefits that petitioner would enjoy if he made the investment. The offering memorandum prominently announced that an investment of $50,000 in Whitman would produce approximately $77,000 in immediate investment and energy tax credits. Petitioners’ investment of $25,000 produced for them tax credits totaling $38,763. Like the taxpayers in Provizer v. Commissioner, T.C. Memo. 1992-177, “except for a few weeks at the beginning, petitioners never had any money in the deal.” Under these circumstances, a reasonably prudent person would have asked a qualified adviser if such a windfall were not too good to be true. See McCrary v. Commissioner, 92 T.C. 827, 850 (1989). In support of their claim that their reliance on Clothier 6On its 1982 tax return, Whitman reported that each of the four recyclers had a basis of $1,750,000. In Provizer v. Commissioner, T.C. Memo. 1992-177, affd. per curiam without published opinion 996 F.2d 1216 (6th Cir. 1993), the test cases for the Plastics Recycling group of cases, this Court found that each recycler had a fair market value of not more than $50,000.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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