- 18 - 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 taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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