James H. Upchurch - Page 22

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          with Professional and Evergreen.  His reliance in this setting                
          was not reasonable and/or in good faith.  Petitioner had no prior             
          experience with Mr. Shriver, who was connected with the                       
          promoter/seller of the investment.  In a similar manner,                      
          petitioner's friend, Mr. Chalich, was not qualified regarding the             
          technical aspects or physical properties of the investment.  In               
          addition, as a salesman for Professional, he was not independent.             
          As noted in the discussion concerning the addition to tax for                 
          negligence, it was not reasonable for petitioner to rely on                   
          Professional and its agents and associates because they earned                
          fees in connection with the sale of the tax shelters.                         
          Furthermore, the individuals petitioner relied upon lacked not                
          only independence, but also any specific expertise concerning the             
          subject matter of petitioner's investment vehicle.                            
               We again note that petitioner, a college graduate with an                
          advanced degree, was knowledgeable about the manner in which the              
          transaction was to operate and that he would receive cash $3,000              
          greater than his out-of-pocket investment.  Also, petitioner was              
          aware that the energy device was to be leased and that it had a               
          substantial value.  Even though he stated that he was relying on              
          the investment for his retirement, he took no actions to                      
          determine if the device existed, was in use, or had value.  After             
          he received his $3,000 plus return, he did virtually nothing that             
          would have supported the assertions he made in this case.                     






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