- 25 - 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.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011