- 33 - 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. An investor as sophisticated as petitioner either learned or should have learned the source and shortcomings of Becker’s valuation information when Becker reported to him and “precisely” disclosed “what [he] had done to investigate or 11(...continued) there, that there were orders for machines there, that the machines were producing product of the type that were described in the expert opinions as to what the machines were supposed to generate, or at least appeared to do that, and to see if there was some reasonable relationship to justify the price of the machine. [Emphasis added.]. According to petitioner, Becker confirmed that he had performed the suggested tasks. With regard to SAB Foam, petitioner testified that he discussed the valuation with Becker on the same basis as with the previous transaction (i.e., SAB Resource). 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 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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