David C. Wilson - Page 24

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          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 relatively              




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