- 24 - 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 opinionPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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