- 24 - 893 (6th Cir. 1993), affg. Donahue v. Commissioner, T.C. Memo. 1991-181; Laverne v. Commissioner, 94 T.C. 637, 652-653 (1990), affd. without published opinion 956 F.2d 274 (9th Cir. 1992); Sann v. Commissioner, supra. Pleas of reliance have been rejected when neither the taxpayer nor the advisers purportedly relied upon by the taxpayer knew anything about the nontax business aspects of the contemplated venture. See David v. Commissioner, supra; Freytag v. Commissioner, supra. In these cases, the purported value of the recyclers generated the deductions and credits. This circumstance was clearly reflected in the offering memorandum. Prior to purchasing partnership interests in Hamilton, Thornsjo and Furlong did not read the offering memorandum and Woolf only briefly reviewed it. However, Schluter read the offering memorandum and was fully aware of the tax benefits associated with a so-called investment in Hamilton. In their discussions with Schluter, petitioners surely learned or should have learned about the amount and nature of the tax benefits. Plainly the tax benefits associated with purchasing a partnership share in Hamilton, including the carrybacks, were very substantial. The direct reductions claimed on petitioners’ tax returns, from the investment tax credit alone, exceeded their cash investment. Therefore, like the taxpayers in Provizer v. Commissioner, T.C. Memo. 1992-177, “except for a few weeks at the beginning,Page: 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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