Robert H. Avellini - Page 30

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            evidence of any effort to monitor his investment in EI.  He                                 
            testified that he did not learn of the change in the nature of                              
            EI's investments to include recycling until 3 months prior to                               
            trial of this case, over 10 years after he invested in EI.  In                              
            addition, the taxpayers in the Heasley case were not educated                               
            beyond high school and had limited investment experience, while                             
            in the instant case petitioner had nearly completed the                                     
            requirements for a bachelor of science degree in business                                   
            management and had substantial previous investment experience.                              
            Prior to his investment in EI, petitioner had invested in stocks,                           
            bonds, commodities, certificates of deposit, real estate, a                                 
            professional women's basketball team, a sock company, and oil and                           
            gas partnerships.  In fact, on his EI offeree questionnaire,                                
            petitioner indicated that he believed that he possessed                                     
            "sufficient knowledge of private placements and real estate                                 
            investments to evaluate the risks associated with investing" in                             
            EI because of his "experience in other investments."  We consider                           
            petitioner's arguments with respect to the Heasley case                                     
            inapplicable.                                                                               
                  At trial, petitioner could remember almost nothing about his                          
            investment in EI.  Although he testified that he was "sure" that                            
            he had seen the original offering memorandum, he did not recall                             
            reading it.  Petitioner could not recall whether he borrowed the                            
            funds to acquire his interest in EI.  At the time of his                                    






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