- 39 - We disagree. See Barlow v. Commissioner, T.C. Memo. 2000-339; cf. Dyckman v. Commissioner, T.C. Memo. 1999-79; Zidanich v. Commissioner, T.C. Memo. 1995-382. Petitioner was sufficiently experienced and sophisticated to know that SAB Foam was a tax shelter, and that the value of the transaction depended on the value of the underlying assets; and he failed to consult either an independent appraiser or anyone with expertise in plastics recycling. In addition, the evidence does not support petitioner’s claims that he had a unique and special relationship with his advisers Miller and Becker. Cf. Dyckman v. Commissioner, supra (absolving taxpayers from the negligence penalty, in part, because of the long-term special relationship of trust and friendship between the taxpayers and their adviser). First, petitioner contends that he “kept in touch” with Miller over the 10 years after he left Miller & Summit. At trial, however, Miller testified that after petitioner left the firm, they “rarely” kept in touch. On this matter, we consider Miller a more reliable witness than petitioner. Miller’s testimony clearly shows that he had no special and close relationship with petitioner during the years in issue. Petitioner asserts that he also had an especially close relationship with PI. Petitioner testified, however, that he did not do any work for PI after he left Miller & Summit, and thatPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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