Estate of Romine C. Hogard, Deceased, James C. Elliott, Personal Representative, and Bill F. Stewart, Personal Representative, and Wanda L. Hogard, et al. - Page 23

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          contact or consult with anyone who possessed such qualifications.           
          Given Stewart's background and experience, he undoubtedly was               
          aware that the tax benefits outlined in the offering memorandum             
          and claimed by petitioners depended in large part on the value of           
          the recycling machines.  Nevertheless, having no knowledge or               
          background regarding the value of the recyclers, he did nothing             
          sufficient to verify the representations made in the promotional            
          materials and by individuals associated with the promotion.  As             
          we view the matter, Stewart's trip to inspect the recyclers was             
          essentially superficial.  In effect, he relied not upon the                 
          information he gathered through his own investigation, but upon             
          representations made by Southeast's promotional materials and               
          promoters.                                                                  
               Taking the above into consideration, the Gilmores', Wilson's           
          and G&W's (through Gilmore and Wilson) reliance upon Stewart was            
          not reasonable.  A taxpayer may rely upon his adviser's                     
          expertise, in this case financial planning and tax advice, but it           
          is not reasonable to rely upon an adviser regarding matters                 
          outside his field of expertise or with respect 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, Stewart was not an independent adviser since he              
          was entitled to receive compensation from Southeast for the                 





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