Albert R. and Phyllis F. Dworkin - Page 14

                                                 - 14 -                                                    
            (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); Rybak v. Commissioner, 91                               
            T.C. 524, 565 (1988).  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.                                                             
                  Petitioner first learned of the Northeast transaction from                               
            Grant.  Grant and petitioner worked in the same accounting firm                                
            for 2 years in the late 1940's, and they were members of the same                              
            tennis and social club during the late 1970's.  Petitioner                                     
            explained that "The Shelter Rock Tennis Club was a country club                                
            based on tennis.  It had a restaurant and a bar, and it was a                                  
            social center for its members."  Petitioner stated that he and                                 
            Grant played tennis together and shared social acquaintances, and                              
            that Grant "lived quite well, somewhat expensively."  Petitioner                               
            also noted that he and Grant's brother-in-law had been partners                                
            in the same accounting firm.  Petitioner was aware that Grant had                              
            no background knowledge or expertise in the plastics recycling                                 
            area.                                                                                          




Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011