David and Shirley Singer - Page 31

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          as true.  Wood v. Commissioner, 338 F.2d 602, 605 (9th Cir.                 
          1964), affg. 41 T.C. 593 (1964); Niedringhaus v. Commissioner, 99           
          T.C. 202, 212 (1992); Tokarski v. Commissioner, 87 T.C. 74, 77              
          (1986); Snyder v. Commissioner, T.C. Memo. 1995-285; Sacks v.               
          Commissioner, T.C. Memo. 1994-217.  Petitioner owned significant            
          interests in two successful floor covering companies,                       
          participated in successful real estate ventures and IPO's, and in           
          1981 his investment decisions yielded capital gains in excess of            
          $300,000.  His demonstrated business acumen and investment                  
          sophistication show that he possessed the intelligence and                  
          experience to recognize that further investigation of the                   
          transaction in issue was required.  A taxpayer may rely upon his            
          adviser's expertise (in this case accounting), 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. sub nom. Patin             
          v. Commissioner, 88 T.C. 1086 (1987); Lax v. Commissioner, T.C.             
          Memo. 1994-329; Sacks v. Commissioner, supra; Rogers v.                     
          Commissioner, T.C. Memo. 1990-619.                                          
               3.  Miscellaneous                                                      
               Petitioners stipulated that the fair market value of a                 
          Sentinel EPE recycler in 1981 was not in excess of $50,000.                 
          Notwithstanding this concession, petitioners contend that they              




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