- 10 - 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).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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