- 32 - 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, petitionerPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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