Marco Deplano - Page 8

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          have any reason to suspect that the expert's advice may not be              
          disinterested.  Rybak v. Commissioner, 91 T.C. 524, 565 (1988).             
               Under the standard applied by the Court of Appeals for the             
          Second Circuit in Goldman, it was negligent for petitioner to               
          rely on Mr. Coscia, his accountant, for advice on investments or            
          energy management systems absent evidence that Mr. Coscia held              
          some degree of expertise or specialized knowledge in these areas.           
          Petitioner failed to present any evidence that Mr. Coscia had               
          expertise in investments or knowledge of energy management                  
          systems, and nothing in the record indicates that petitioner made           
          any attempt to ascertain the extent to which Mr. Coscia possessed           
          these skills before acting on his advice.  In addition, although            
          petitioner was not aware that Mr. Coscia was being compensated by           
          Saxon Energy for bringing in Ridge Energy investors, petitioner             
          did know that Mr. Coscia himself and members of his family had              
          invested in Ridge Energy, which arguably affected Mr. Coscia's              
          ability to give disinterested advice on the investment.                     
               Neither did petitioner independently investigate the bona              
          fides of the investment.  At the time he made his initial capital           
          contribution, petitioner did not know the nature or function of             
          the equipment being marketed, the value of the equipment, the               
          identity of the lessor, the specifics of any leasing arrangement,           
          or how a profit was to be derived from such arrangement.                    
          Petitioner did not request an appraisal of the equipment even               
          though it was the sole income-producing asset of Ridge Energy.              




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