- 25 - without published opinion 40 F.3d 385 (5th Cir. 1994); Pollack v. Commissioner, 47 T.C. 92, 108 (1966), affd. 392 F.2d 409 (5th Cir. 1968); Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947); Sacks v. Commissioner, T.C. Memo. 1994-217. Petitioner's memory proved selective at trial. We found his testimony self-serving and at times incredible, and we are not required to accept it as true. Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir. 1964), affg. 41 T.C. 593 (1964); Niedringhaus v. Commissioner, 99 T.C. 202, 212 (1992); Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). We hold that petitioner's purported reliance on Marcus and Hefter was not reasonable, not in good faith, and not based upon full disclosure. Neither Marcus nor Hefter had any experience or expertise in plastics materials or plastics recycling. Petitioner did not know, and did not ask, whether Marcus had researched or investigated Resource or the Plastics Recycling transactions. The record is consistent with the conclusion that Marcus received a commission as the "offeree representative" in connection with the sale of a partnership interest to petitioner. Hefter did nothing more than review the offering memorandum and could only offer that the Resource transaction "appeared" valid based on the representations therein. A taxpayer may rely upon his advisers' expertise (in this case bankruptcy law and accounting), but it is not reasonable or prudent to rely upon an adviser regarding matters outside of his field of expertise orPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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