Warren G. Buck and Judith A. Buck - Page 10

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          respondent audited a taxpayer who, petitioner believed, had                 
          invested in Ridge Energy around 1981 and that that audit did not            
          give rise to additional taxes; (2) figures showing how a profit             
          was supposed to be earned; and (3) the identity of the chairman             
          of the board of Saxon Energy, who was a certified public accoun-            
          tant.  There is no prospectus that is part of the trial record in           
          this case.6  Based on petitioner's incomplete description of the            
          contents of the prospectus that he testified he reviewed, we do             
          not find that it was reasonable and prudent to rely upon the                
          promotional materials in it in deciding to invest in Ridge                  
          Energy.  See, e.g., Marine v. Commissioner, 92 T.C. 958, 992-993            
          (1989), affd. without published opinion 921 F.2d 280 (9th Cir.              
          1991).                                                                      
               Although petitioner testified that he invested in Ridge                
          Energy with a good faith intention to make a profit, any such               
          subjective profit motive is not dispositive in deciding whether             
          he acted negligently, and the record does not establish that he             
          (or petitioner Judith A. Buck) made any independent investigation           
          to determine how that profit was to be derived.  Instead, peti-             

          6  We note that petitioners attached to their trial memorandum              
          that the Court had filed in this case a document that purports to           
          be an "information memorandum" that apparently was prepared on              
          behalf of Saxon Energy and that was to be used "only by prospec-            
          tive lessees of Saxon Energy".  Assuming arguendo that that                 
          information memorandum were part of the trial record in this                
          case, we would not find that it was reasonable and prudent to               
          rely on it in deciding to invest in Ridge Energy.  See, e.g.,               
          Marine v. Commissioner, 92 T.C. 958, 992-993 (1989), affd.                  
          without published opinion 921 F.2d 280 (9th Cir. 1991).                     




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