H. Robert Feinberg - Page 41

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          do any work for PI after he left Miller & Summit, and that was 10           
          years before the years in issue.  As noted above, by the time in            
          issue PI was under new ownership in a new location, and there is            
          no reason to believe Lewin had any great knowledge about the                
          company or its business in 1982.                                            
               D.  Miscellaneous                                                      
               We dismiss petitioner’s contention that his allegedly                  
          successful 1981 investment in SAB Resource evidenced the                    
          reasonableness of the 1982 investment in SAB Foam.  Petitioner              
          received a royalty payment within 3 months of his investment in             
          addition to the credits and deductions.  Petitioner argues that             
          this makes the case different from other similar cases and makes            
          his subsequent investment in SAB Foam reasonable.  The modest               
          royalty was not sufficient to change the character of the deal.             
               Petitioner’s assertion that the amount invested was                    
          “relatively small” is irrelevant when considering the amount of             
          tax benefits quickly claimed.  The tax benefits and risks of the            
          transaction were substantial, and they were set forth in the                
          memorandum for anyone to see.  Undoubtedly investors as                     
          sophisticated as petitioner and his partners knew the size of the           
          potential benefits and risks here or should have known them if              
          they had been properly careful.                                             
               E.  Conclusion as to Negligence                                        
               Under the circumstances of this case, petitioner failed to             






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