Robert Gottsegen - Page 35

                                       - 35 -                                         
          Commissioner, supra; LaVerne v. Commissioner, 94 T.C. 637, 652-             
          653 (1990), affd. without published opinion 956 F.2d 274 (9th               
          Cir. 1992), affd. without published opinion sub nom. Cowles v.              
          Commissioner, 949 F.2d 401 (10th Cir. 1991).  Pleas of reliance             
          have been rejected when neither the taxpayer nor the advisers               
          purportedly relied upon by the taxpayer knew anything about the             
          nontax business aspects of the contemplated venture.  Freytag v.            
          Commissioner, supra; Beck v. Commissioner, 85 T.C. 557 (1985).              
               In his petition, petitioner contends that he was reasonable            
          in relying on:  (1) The marketing opinion of Ulanoff; (2) the               
          technical opinion of Burstein; and (3) the legal opinions of WMDI           
          and Boylan & Evans, dated October 15, 1981, and December 1, 1982,           
          respectively.  Respondent contends that petitioner was not                  
          reasonable in relying on Ulanoff, Burstein, and members of WMDI             
          and Boylan & Evans because they were all investors in Sentinel              
          recyclers.                                                                  
               Petitioner's testimony at trial indicates that he did not              
          actually rely on the reports by Ulanoff and Burstein.                       
          Specifically, petitioner testified:                                         
               I * * * hired [Ulanoff and Burstein] because I was told                
               to hire them.  I really didn't need them to tell me                    
               what the machine could do and the what -- the profit I                 
               could make. * * * Elliot Miller told me this is the way                
               you do it.  I did it.                                                  
                                                                                     
          Although petitioner contended in his petition that he relied on             
          Ulanoff and Burstein, petitioner did not argue this point at                
          trial.  On brief, petitioner repeated: "I did not need Burstein             




Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011