- 42 - "touched on what we had all learned about the background of the people, what I had learned by my discussions with people, what the other partners had learned about the venture and conveyed to me." As a result of these meetings, petitioners learned about the nature of the tax benefits, as well as Alter's and Feinstein's reliance on the offering materials and representations by insiders for the value of the machines and the economic viability of the Plastics Recycling transactions. Neither Alter nor Feinstein had any expertise or experience in plastics materials or plastics recycling, and petitioners had no reason to believe otherwise. Alter had no competence to value the machines, and neither he nor Feinstein independently confirmed their value or the economic viability of the Plastics Recycling transactions. The records in these cases show that petitioners clearly possessed the intelligence and background to recognize that further investigation was required. A taxpayer may rely upon his adviser's expertise, but it is not reasonable or prudent for a taxpayer to rely upon an adviser regarding matters outside of his field of expertise or with respect to facts that he does not verify. See David v. Commissioner, 43 F.3d at 789-790; Goldman v. Commissioner, 39 F.3d at 408; Skeen v. Commissioner, supra; Lax v. Commissioner, T.C. Memo. 1994-329; Sacks v. Commissioner, supra; Rogers v. Commissioner, T.C. Memo. 1990-619.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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