- 9 - reliance upon Mr. Booker's advice with respect to Encore was not objectively reasonable. Moreover, no independent experts in the field of leasing master recordings were ever consulted by petitioners. Petitioners claimed deductions and investment tax credits based upon the assumption that they were leasing a master recording purportedly worth $496,000, as listed in the offering materials, and were responsible for marketing such recording for profit. Clearly, this type of transaction would require a careful and meaningful investigation. Petitioners liken their situation to that of investors in traded stocks who, due to their inability to fully evaluate such investments, rely on the expertise of a stockbroker. Petitioners, through their interest in Encore, however, were purportedly engaged in the trade or business of commercially developing and marketing a master recording with the intent to make a profit. Such activity requires a degree of participation and investigation higher than that which petitioners took and higher than that which a casual investor in stocks undertakes. We believe that a reasonable investor would have done more than petitioners did in determining the profitability of entering into a trade or business with the intent of making a profit. We find that petitioners' actions, in failing to conduct anything approaching a meaningful investigation of Encore, were not the actions that a reasonable and ordinarily prudent person would have taken under the circumstances.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011