John Sann and Marianne Sann, et al. - Page 59

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          independently confirmed the value of the Sentinel EPE recycler.             
          Maxfield relied on the offering memoranda, and in particular the            
          reports of Ulanoff and Burstein, for the value of the machines.             
          He related this to petitioners and cautioned them that the only             
          way to know if the representations made in the offering memoranda           
          were true would be to hire an independent appraiser or expert.              
               In the end, petitioners and Maxfield relied on insiders                
          and/or financially interested persons for the value of the                  
          Sentinel EPE recyclers and the economic viability of the                    
          Partnership transactions.  See Vojticek v. Commissioner, T.C.               
          Memo. 1995-444, to the effect that advice from such persons "is             
          better classified as sales promotion."  As petitioners knew or              
          certainly should have learned, Maxfield had no education, special           
          qualifications, or professional skills or experience in plastics            
          engineering, plastics recycling, or plastics materials.  A                  
          taxpayer may rely upon his adviser's expertise, but it is not               
          reasonable or prudent 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, 864 F.2d 93 (9th Cir. 1989), affg. Patin v.                   
          Commissioner, 88 T.C. 1086 (1987); Lax v. Commissioner, T.C.                
          Memo. 1994-329; Sacks v. Commissioner, T.C. Memo. 1994-217;                 
          Rogers v. Commissioner, T.C. Memo. 1990-619.                                






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