- 9 - scrutinize a prospectus or other offering materials prior to undertaking an investment, but need only read pertinent portions of such documents and have the remaining portions explained to them by their advisers. Id. As it pertains to the instant issue, we find Heasley v. Commissioner, supra, to be distinguishable on its facts. We do not believe, as petitioners contend, that the court was declaring that a claim of negligence can be defeated merely by a taxpayer's showing that he or she, being unsophisticated, relied on the advice of a financial adviser, irrespective of whether such adviser was an insider or whether such advice was reasonable. See Chamberlain v. Commissioner, supra at 732. Two noteworthy factors distinguish the facts of the instant case from those in Heasley. First, unlike the taxpayers in Heasley, who not only relied on the advice of their investment adviser, but who also received advice regarding their investment from a certified public accountant, petitioners relied solely on the advice of Booker, Encore's promoter. Another factor that distinguishes this case from Heasley v. Commissioner, supra, involves petitioners' review of the Encore prospectus. Although the court in Heasley explained that unsophisticated taxpayers need read only the pertinent portions of a prospectus or other offering material in order to exercise reasonable care, even the most cursory consideration of the Encore prospectus and its accompanying tax opinion, in light ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011