Warren G. Buck and Judith A. Buck - Page 12

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               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 case           




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