Warren G. Buck and Judith A. Buck - Page 9

                                        - 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

Last modified: May 25, 2011