- 30 - recycler. Brodie undertook no research or investigation beyond speaking with Greene and "reviewing" the offering memorandum. Although Greene believed his commission was disclosed to Brodie by notice or letter, Brodie could not recall compensating Greene for, as he put it, the "service of submitting a prospectus for me to read and telling me that it was a good investment for me." Greene considered the Plastics Recycling deal a tax shelter with tax benefits for investors approximately four times the investment. He obtained his information from Bachmann, and there is no reason to think he did not pass on this same information to his client, Brodie. It was petitioners' reliance upon the purported value of the Sentinel EPE recycler that generated the deductions and credits in these cases. Yet the purported value of the Sentinel EPE recyclers is the very thing that petitioners, and the accountants Bachmann, Schwartz, did not verify. A taxpayer may rely upon his adviser's expertise (in these cases accounting, financial planning, and tax advice), but it is not reasonable or prudent for petitioners to rely upon an adviser regarding matters outside of his field of expertise or with respect to facts which he does not verify. See Skeen v. Commissioner, 864 F.2d 93 (9th Cir. 1989), affg. Patin v. Commissioner, 88 T.C. 1086 (1987); Lax v. Commissioner, T.C. Memo. 1994-329, affd. without published opinion 72 F.3d 123 (3d Cir. 1995). Moreover, a careful consideration of the materials in the respective offering memoranda, especially the discussions in thePage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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