Ernest I. Korchak - Page 33

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          assumed that the simultaneous sales of the recyclers were                   
          meaningful economic transactions that would be respected for tax            
          purposes.  Petitioner made no effort to evaluate the tax aspects            
          of the Madison transactions beyond reviewing the Boylan & Evans             
          tax opinions, and he did not obtain an evaluation of the Madison            
          investment from an independent and competent tax professional.              
               Finally, petitioner failed to prove that his reliance on his           
          bus rental activity, another investment that was reaping large              
          tax benefits for petitioner, to validate his Madison investment             
          was reasonable.  Petitioner did not introduce any evidence to               
          establish that there was any legitimate economic or legal reason            
          for comparing the two investments, that he had adequately and               
          reasonably investigated the bus rental activity before investing            
          in it, or that the bus investment had itself withstood scrutiny             
          by respondent.                                                              
               Although petitioner is a highly educated man with                      
          substantial experience in chemical engineering, petitioner did              
          not exercise the kind of due diligence that a reasonable and                
          prudent person with his education and experience should have                
          exercised under the circumstances.  He did not visit or inspect             
          the recyclers, he did not observe and evaluate the recycling                
          process, he did not obtain a professional appraisal of the value            
          of the recyclers even though he had doubts about their value,               
          and he did not obtain an independent evaluation of the tax                  






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