Kent J. and Ruth W. Dawson - Page 11

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          inadequate defense to negligence.  LaVerne v. Commissioner, 94              
          T.C. 637, 652-653 (1990), affd. without published opinion 956               
          F.2d 274 (9th Cir. 1992), affd. without published opinion sub               
          nom. Cowles v. Commissioner, 949 F.2d 401 (10th Cir. 1991);                 
          Marine v. Commissioner, 92 T.C. 958, 992-993 (1989), affd.                  
          without published opinion 921 F.2d 280 (9th Cir. 1991); McCrary             
          v. Commissioner, 92 T.C. 827, 850 (1989).  We have rejected pleas           
          of reliance when neither the taxpayer nor advisers purportedly              
          relied upon knew anything about the nontax business aspects of              
          the contemplated venture.  Beck v. Commissioner, 85 T.C. 557                
          (1985); Flowers v. Commissioner, 80 T.C. 914 (1983).                        
               Petitioner essentially argues that he reasonably relied on             
          the purported value of the tapes as set out in the offering                 
          materials and on statements made by Geldbach as to the legitimacy           
          of the investment.  In light of the size of his investment and              
          the proportionately large tax write-offs, further investigation             
          by petitioner was mandated.  Saviano v. Commissioner, 765 F.2d              
          643, 654 (7th Cir. 1985), affg. 80 T.C. 955 (1983).  While                  
          petitioner consulted with his accountant, he did so after making            
          his investment, and after considering the information he received           
          from Andrews and Geldbach.  Andrews had no experience in                    
          continuing medical education or the use of tapes for that purpose           
          and based his opinion that "due diligence" had been done simply             
          on Geldbach's assurances.  Moreover, prior to his investment in             






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