George W. Brooke and Karen Brooke - Page 9

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          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.                                         



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