Janet L. Wiest - Page 28




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          Center area.23  In any event, petitioner’s principal interest in            
          the plantations appears to have been to determine how the jojoba            
          plants were developing.  There is no persuasive evidence in the             
          record to demonstrate that petitioner visited the plantations in            
          order to determine whether research or development was being                
          conducted.  If petitioner had visited the plantations for that              
          purpose, he would have quickly discovered that U.S. Agri was                
          engaged in nothing more than a farming activity.  See Kellen v.             
          Commissioner, T.C. Memo. 2002-19; Fawson v. Commissioner, supra.            
          Petitioner should have realized that in the absence of any                  
          research and development, there could be no deduction for                   
          research and experimental expenditures under section 174.                   
               Fourth, petitioner contends that reliance on Mr. Kellen, Mr.           
          Pace, Mr. Jacobs, and a professor at the University of California           
          should absolve him of liability for negligence in this case.  We            
          disagree that any such reliance was reasonable; rather, the                 
          record demonstrates that petitioner failed to obtain competent,             
          independent, professional advice before investing in San                    
          Nicholas.                                                                   



               23 Petitioner testified on direct examination as follows:              
               we pulled some gas tanks out of our rental yard, and I                 
               sold them to [Mr.] Jacobs and took them down to the                    
               Desert Center because he was going to use them.  Well,                 
               he was going to use one for water and one to store                     
               diesel in.  So, I was down there then and a couple of                  
               other times.                                                           





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