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