Wayne and Pamela Berry - Page 22




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          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.             





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