- 24 - purported reliance on the materials in the memorandum, as well as their advisers, does not relieve them of liability for the additions to tax for negligence. Petitioners argue that they are different from the numerous other investors who have negligently speculated on the Plastics Recycling deal because they or their friends had a special relationship with Miller or Becker. As explained below, we consider this argument to be contrary to the facts of this case and wholly unpersuasive. A. The Memorandum and Petitioners’ Colleagues 1. The Memorandum Petitioner contends that before purchasing shares in SAB Foam he read the memorandum and its accompanying materials. The purported value of the recyclers is what generated the deductions and credits. The memorandum clearly reflects this circumstance. 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, petitioners’ investment of $12,500 produced for them on their 1982 tax return claimed tax credits of $20,021 and deductions of $9,646. The direct benefits claimed on petitioners’ tax return, from the tax credits alone, far exceeded their cash investment. Like the taxpayers in Provizer v. Commissioner, T.C. Memo. 1992- 177, “except for a few weeks at the beginning, petitioners never had any money in the deal.” Under these circumstances, aPage: 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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