- 12 - We believe that a reasonable and prudent person, who was earning over $200,000 a year at the time petitioner decided to invest in Ridge Energy and who claims that he intended to earn a profit from an investment of approximately $13,000 in certain energy systems allegedly worth $1,485,000, would have independ- ently investigated the potential profitability of such an invest- ment or would have relied upon an adviser who had expertise in such an investment to make such an investigation. This is especially true in the case of petitioner who is highly educated, lacks significant investment experience, and apparently has no expertise in the area of energy systems. Petitioners cite Reile v. Commissioner, T.C. Memo. 1992-488, and Eubanks v. Commissioner, T.C. Memo. 1990-227, to support their position that their reliance upon Mr. Amsterdam was reason- able and prudent under the circumstances presented here. How- ever, both of those cases are distinguishable from the facts in this case. In the Reile case, we found that the taxpayers there involved, one of whom had only a high school education and the other of whom had one year of college and who invested solely on the advice of their financial and tax adviser in a partnership that was a tax shelter, were not liable for the additions to tax under section 6653(a)(1) and (2) because they reasonably relied on that adviser. Unlike the taxpayers in Reile v. Commissioner, supra, petitioners are highly educated. In addition, unlike petitioners' adviser Mr. Amsterdam, the adviser in the Reile casePage: 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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