H. Robert Feinberg - Page 24

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          The recyclers, which in fact have a value of no more than $50,000           
          each, were reported by SAB Foam to have a basis of $1,750,000               
          each.  As a result of the purported value of the recyclers,                 
          petitioner’s investment of $12,500 produced for him on his 1982             
          tax return claimed tax credits of $20,382 and deductions of                 
          $9,646.  The direct benefits claimed on petitioner’s tax return,            
          from the tax credits alone, far exceeded his cash investment.               
          Like the taxpayers in Provizer v. Commissioner, T.C. Memo. 1992-            
          177, “except for a few weeks at the beginning, [petitioner] never           
          had any money in the deal.”  Under these circumstances, a                   
          reasonably prudent person would have asked a qualified adviser              
          whether such a windfall were not “too good to be true.”  See                
          McCrary v. Commissioner, 92 T.C. 827, 850 (1989).                           
               The memorandum included numerous caveats and warnings                  
          regarding the business and tax risks of SAB Foam.  It stated that           
          the offering involved a high degree of risk and that each offeree           
          should consult his own professional advisers as to legal, tax,              
          accounting, and other matters relating to any purchase of any               
          units in the partnership.  A careful consideration of the                   
          memorandum, and the discussion of high writeoffs and risk of                
          audit, would have alerted a prudent investor to question the                
          nature of the promised tax benefits.                                        
               Moreover, the tax opinion made clear that there was no                 
          independent evaluation of the SAB Foam transactions.  The opinion           






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