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               Schluter also made an unconvincing statement that he                   
          believed that Hamilton would be economically profitable because             
          plastic is an oil derivative.  At trial, Schluter failed to                 
          explain adequately how the so-called oil crisis provided a                  
          reasonable basis to invest in Hamilton.  Schluter also failed to            
          explain away the numerous business-related caveats and warnings             
          in the offering memorandum.  Contrary to Schluter’s contention,             
          the offering memorandum warned that there could be no assurances            
          that the price of new resin pellets would remain at their then-             
          current level.  Schluter also failed to consult with an                     
          independent consultant who had knowledge about plastics or                  
          plastics recycling to ascertain the business aspects of the                 
          Hamilton transaction.                                                       
               Prior to 1982, Schluter was fully aware of the concept and             
          practical effect of tax shelters.  From 1964 to his retirement in           
          1991, Schluter was involved with the preparation and marketing of           
          tax shelters.  During the 1980's besides the media coverage of              
          the so-called oil crisis there was “extensive continuing press              
          coverage of questionable tax shelter plans.”  Zmuda v.                      
          Commissioner, 731 F.2d 1417, 1422 (9th Cir. 1984), affg. 79 T.C.            
          714 (1982).                                                                 
               Under these circumstances, we are convinced that Schluter              
          was not concerned with Hamilton’s economic or business aspects.             
          Rather, we find that Schluter understood and marketed Hamilton as           
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