Oreland A. and Lucille S. Thornsjo - Page 25




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          petitioners never had any money in the * * * [partnership                   
          transaction].”  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).                                                       
               Schluter understood that such a windfall was too good to be            
          true.  Although, Schluter had no expertise with plastics                    
          recycling, Schluter knew that the recyclers’ actual value was a             
          potential issue that was likely to be raised by the IRS.  Despite           
          his concerns, Schluter failed to consult an independent appraiser           
          or anyone with expertise in plastics or plastics recycling.  If             
          Schluter had made a reasonable effort to determine the fair                 
          market value of the recyclers, he would have determined that the            
          recyclers’ price was grossly inflated.  At that point a                     
          reasonable person would have inquired why the partnership would             
          be willing to “invest” in machines at far in excess of their fair           
          market value when it could purchase other much less expensive               
          machines that performed virtually the same functions.  In any               
          event, Schluter testified that his clients had been audited only            
          rarely and that in his view, even if petitioners were audited,              
          IRS only would adjust the recyclers’ value and therefore would              
          reduce petitioners’ deductions and tax credits.                             
               Schluter also contends that he discussed the recyclers’                
          value with an unidentified C.P.A. from Oklahoma and with Mejia.             






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Last modified: May 25, 2011