Thomas N. Carmena - Page 15




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          investment to clients, he had a conflict of interest in advising            
          petitioner to purchase the limited partnership interests.9  The             
          advice petitioner allegedly received from Dr. Stephan fails as a            
          defense to negligence due to his lack of competence to give such            
          advice and the clear presence of a conflict of interest.  See               
          Rybak v. Commissioner, 91 T.C. 524, 565 (1988).  Petitioner's               
          reliance on the advice of Dr. Stephan was unreasonable under the            
          circumstances.                                                              
               Outside of Mr. Salgo and Dr. Stephan, petitioner made no               
          other inquiry into the viability of this partnership's proposed             
          research and operations.  The Court finds it notable that the               
          offering listed at least 15 "potential uses of jojoba nuts", yet            
          petitioner failed to explore the plausibility of any of those               
          potential uses.  Some of the potential uses listed in the                   
          offering were various lubricants for high-speed or high-                    
          temperature machinery, cosmetics, shampoos and soaps, sunscreens,           
          pharmaceuticals, cooking oils, disinfectants, polishing waxes,              
          corrosion inhibitors, candles, animal feed supplements, and                 
          fertilizer.  Being a physician, it seems logical that petitioner            
          would have had some access to information about the use of jojoba           
          in the pharmaceutical arena; however, petitioner failed to pursue           


               9    Petitioner acknowledged in his testimony that he                  
          believed Dr. Stephan was receiving commissions for finding                  
          investors to purchase the limited partnership interests.                    





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