- 41 - 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 toPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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