- 34 - intellect, skills, experience, and resources to have the viability of the SAB Foam transactions thoroughly investigated either by himself or by an independent qualified expert. Petitioners claim that they relied on Becker, known through Cohen and Feinberg, for the bona fides and viability of the SAB Foam transactions. Yet Becker’s expertise was in taxation, not plastics materials or plastics recycling, and his investigation and analysis of the Plastics Recycling transactions reflected this circumstance. Moreover, Becker indicated that he was careful not to mislead any of his clients regarding the particulars of his limited investigation. As he put it: “I don’t recall saying to a client I did due diligence * * * [Rather,] I told [my clients] precisely what I had done to investigate or analyze the transaction. I didn’t just say I did due diligence, and leave it open for them to define what I might or might not have done.” 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 petitioner, Cohen, Feinberg, and Becker neglected to verify the purported value of the recyclers. Becker confirmed in his testimony incorporated in this record by stipulation that hePage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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