- 36 - that he does not verify. See Addington v. Commissioner, 205 F.3d at 58; Goldman v. Commissioner, 39 F.3d at 408; Skeen v. Commissioner, 864 F.2d 93 (9th Cir. 1989), affg. Patin v. Commissioner, 88 T.C. 1086 (1987); Lax v. Commissioner, T.C. Memo. 1994-329, affd. 72 F.3d 123 (3d Cir. 1995); Rogers v. Commissioner, T.C. Memo. 1990-619. 4. Cohen and Feinberg Petitioner also relied upon his partners Cohen and Feinberg.8 Cohen’s knowledge of the SAB Foam transactions was derived from his review of the memorandum and his discussions with Becker. Cohen testified that Becker told him he could rely on the valuations attached to the memorandum.9 Feinberg’s knowledge of the SAB Foam transactions was also derived from his review of the memorandum and his discussions with Becker. After Becker retained Feinberg to protect Becker’s interests as general partner of SAB Foam, Feinberg instructed Becker to verify the information in the memorandum, including the valuations, and 8 Feinberg testified that “there was a very, very close professional as well as a personal and social relationship among us” and that they “shared information on a daily basis”. 9 We note that Cohen testified: “I remember we talked about the valuations that were obtained and I remember him telling me in words or in substance that I could rely on those valuations.” We consider Cohen’s testimony inconsistent with Becker’s testimony, and as to this matter we consider Becker’s testimony reliable and Cohen’s alleged recollection unreliable. See supra note 7 to the effect that this problem was known to petitioner and his counsel, who chose not to call upon Becker for clarifying testimony.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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