H. Robert Feinberg - Page 36

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          compensation for representing PI in connection with this                    
          transaction.”  Not surprisingly, Miller was supportive of SAB               
          Foam.                                                                       
               Nothing in the record suggests that Miller had any expertise           
          or knowledge with respect to plastics or plastics recycling, or             
          that petitioner believed he had any such knowledge or expertise.            
          There is also no showing that petitioner had any special or                 
          enduring friendship with Miller.  While petitioner claims he had            
          great respect for Miller, his relationship with Miller was                  
          indirect, through Lewin’s tenuous acquaintance with Miller.  Any            
          direct contact with Miller was focused solely on the review of              
          the memorandum.  Given the extent to which Miller was immersed in           
          the SAB partnerships, how much he stood to benefit financially,             
          and his lack of expertise regarding plastics materials and                  
          plastics recycling, we do not consider petitioner’s purported               
          reliance on Miller reasonable or in good faith.  “It is                     
          unreasonable for taxpayers to rely on the advice of someone who             
          they should know has a conflict of interest.”  Addington v.                 
          Commissioner, supra at 59.  See Vojticek v. Commissioner, supra,            
          to the effect that advice from such persons “is better classified           
          as sales promotion.”                                                        











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