- 24 - testimony indicates as much. Paulson, Cassaday, and Diamond all were associated with Efron, and the record indicates that petitioners should have known about such associations. With respect to petitioners' claimed heavy reliance on Efron, a promoter and general partner in EI, we recently have suggested that advice from such persons "is better classified as sales promotion." See Vojticek v. Commissioner, T.C. Memo. 1995- 444. The other individuals with whom petitioners claim to have discussed the Efron investment were closely associated with Efron, had no expertise in plastics or recycling, and in any event, were not heavily relied upon by petitioners. Petitioners' reliance on brief on Heasley v. Commissioner, 902 F.2d 380 (5th Cir. 1990), revg. T.C. Memo. 1988-408, is misplaced. The facts in the Heasley case are distinctly different from the facts of these cases. In the Heasley case, the taxpayers actively monitored their investment. Petitioners have provided no evidence that they made any effort to monitor their investment in EI. Their testimony indicates that they paid only casual attention to the shift of a major portion of the investments of EI from real estate to plastics recycling. In addition, the taxpayers in the Heasley case were not educated beyond high school. Wilson had completed 3-1/2 years of college, and Sorey was only a few credits short of requirements for his B.A. degree from the University of Illinois at the time of their investments in EI. In contrast to the diligent but relativelyPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011