Joe E. Henry and Carolyn J.Henry - Page 18

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          to facts which he does not verify, in this case the value of the            
          recycler.  Skeen v. Commissioner, 864 F.2d 93 (9th Cir. 1989),              
          affg. Patin v. Commissioner, 88 T.C. 1086 (1987).                           
               Moreover, Storey was not an independent adviser since he was           
          entitled to receive compensation from Sunbelt for petitioners'              
          investment.  Although Storey refunded the commission to                     
          petitioners, because he was paid to sell the investment, his                
          advice was suspect.                                                         
               Petitioners contend that they read the offering memorandum             
          and questioned Storey regarding its contents.  The extent of                
          petitioners' review of the offering memorandum is unclear;                  
          however, a review of those materials would have indicated the               
          numerous business and tax risks associated with an investment.              
          The preface to the offering memorandum warned the potential                 
          investor not to consider its contents as expert advice and to               
          seek advice from the investors' own advisers.  The offering                 
          memorandum also clearly stated that the transactions involved               
          significant tax risks and that in all likelihood the IRS would              
          challenge the validity of the transactions and the purported                
          value of the recycling machines.  The "business risks" section of           
          the offering memorandum warned that there was no history for                
          Sunbelt and that there was no established market for the                    
          recyclers or pellets produced therefrom.  Petitioner failed to              
          carefully consider the offering memorandum and to take into                 
          account its warnings.  Statements regarding the business and tax            




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