- 33 - 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 taxPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011