- 32 - [Rather,] I told [my clients] precisely what I had done to investigate or analyze the transaction. I didn’t just say I did due diligence, and leave it open for them to define what I might or might not have done.”11 The purported value of the recyclers generated the deductions and credits in this case, and that circumstance was clearly reflected in the memorandum. Certainly Becker recognized the nature of the tax benefits and, given his education and experience, petitioner should have recognized it as well. Yet neither petitioner nor Becker verified the purported value of the recyclers. Becker confirmed in his testimony incorporated in this record by stipulation that he relied on PI for the value of the recyclers. Investors as sophisticated as petitioner either learned or should have learned the source and shortcomings of Becker’s valuation information when he reported to them and “precisely” disclosed “what [he] had done to investigate or analyze the transaction.” Accordingly, we hold that petitioners did not in good faith or reasonably rely on Becker as an expert or qualified professional working in the area of his expertise to 11 We note that petitioner testified: “I remember we talked about the valuations that were obtained and I remember him telling me in words or in substance that I could rely on those valuations.” We consider petitioner’s testimony inconsistent with Becker’s testimony, and as to this matter we consider Becker’s testimony reliable and petitioner’s alleged recollection unreliable. See supra note 10 to the effect that this problem was known to petitioner and his counsel, who chose not to call upon Becker for clarifying testimony.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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