Malcolm I. Lewin and Trina Lewin - Page 36

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          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.                                                       





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