Robert H. Avellini - Page 28

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            Commissioner, 91 T.C. 396, 423-424 (1988), affd. without                                    
            published opinion 940 F.2d 1534 (9th Cir. 1991); Pritchett v.                               
            Commissioner, 63 T.C. 149, 174-175 (1974).                                                  
                  We have rejected pleas of reliance when neither the taxpayer                          
            nor the advisers purportedly relied upon by the taxpayer 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); Steerman v. Commissioner, T.C.                            
            Memo. 1993-447.  The record does not show that Efron possessed                              
            any special qualifications or professional skills in the                                    
            recycling or plastics industries.  In addition, Efron did not                               
            hire anyone with plastics or recycling expertise to evaluate the                            
            Clearwater transaction.                                                                     
                  Petitioner testified that in 1981 he consulted with the                               
            following individuals concerning investments:  (1) Jeffrey                                  
            Jacobs, his attorney and agent; (2) Artie Brown, his accountant;                            
            and (3) "other people * * * [who] came out of the woodwork and                              
            offered [him] investments."                                                                 
                  Efron was not petitioner's agent or attorney in 1981.                                 
            Petitioner met Efron through one of petitioner's teammates at a                             
            cocktail party.  Prior to petitioner's investment in EI, he and                             
            Efron had only an acquaintance which petitioner described as a                              
            "friendship type" of relationship.  Although he had met Efron a                             
            few times before investing in EI, he had not used Efron as an                               






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