Ernest I. Korchak - Page 32

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          explanation of how he arrived at these estimates.  We are unable            
          to determine from the record whether petitioner’s estimates were            
          reasonable under the circumstances.                                         
               Petitioner also argues that the cost per recycler was                  
          reasonable based on his examination of the recyclers’ design and            
          “the process as a whole”.  However, petitioner did not visit PI,            
          he did not inspect a recycler, and he did not observe the                   
          recycling process before making his investment in Madison or                
          filing his 1982 return.  Although petitioner claimed that he                
          requested a copy of the recycler manual, petitioner did not                 
          introduce any evidence that he actually received or reviewed the            
          manual before making his investment.  Petitioner also admitted he           
          had difficulty ascertaining the actual value of the recycler.               
          Even if we accept petitioner’s assertion that he had the                    
          requisite education and experience to conduct a reasonable                  
          evaluation of the Madison recyclers and the recyling process,               
          petitioner has not established that he had the factual                      
          information necessary to evaluate the recyclers’ design or the              
          merits of the recycling process as a whole.                                 
               Petitioner’s argument is also based on a faulty premise.  In           
          Merino v. Commissioner, T.C. Memo. 1997-385, we rejected the                
          valuation of a recycler in the context of the “overall system” as           
          unreasonable because it assumed that the underlying sham                    
          transaction was valid.  Like the taxpayer in Merino, petitioner             






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