- 23 - 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 thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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