- 9 - claiming in their 1983 return the loss and credit with respect to that partnership.4 We agree with respondent. Claims of reasonable reliance upon an adviser have been rejected when the adviser upon whom the taxpayer relied knows nothing about the business in which that taxpayer invested. E.g., Goldman v. Commissioner, 39 F.3d 402, 408 (2d Cir. 1994), affg. T.C. Memo. 1993-480. Petitioners have failed to show that Mr. Amsterdam, upon whom petitioner claims he relied, and/or Mr. Coscia, the only person whom the record discloses Mr. Amsterdam consulted about Ridge Energy, (1) knew anything about the energy management activities of Ridge Energy, (2) had any investment or other experience that qualified them to be in a position to recommend that petitioner invest in Ridge Energy,5 (3) had, or attempted to obtain, an appraisal of the energy systems leased by that partnership; or (4) were not promoters for Saxon Energy. Nor did petitioners establish that they otherwise took steps to ensure themselves of the bona fides of investing in Ridge Energy. Petitioner testified that Mr. Amsterdam gave him the prospectus which petitioner reviewed and that that prospectus contained, inter alia, (1) a statement from a law firm that 4 Respondent does not argue that petitioners are liable for the additions to tax under sec. 6653(a)(1) and (2) because they intentionally disregarded rules or regulations. 5 Indeed, petitioner testified that he was not aware whether or not Mr. Amsterdam had any expertise in the area of energy manage- ment systems.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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