- 7 -7 Petitioners contend that in addition to relying on the prospectus, the tax opinion presented by Henry Nunez (Nunez), who was legal counsel on behalf of Encore Leasing, and Orsi's due diligence, they sought the independent advice of their attorney and accountant. We have stated above that reliance on representations by insiders, promoters, or offering materials generally is not an adequate defense to negligence. Gollin v. Commissioner, supra. It is clear that Orsi was a promoter. At the very least, both Orsi and Nunez were insiders. Any information they provided petitioners regarding investment opportunities in the Alamo partnerships was self-serving. As the promoter, Orsi had a stake in whether the Alamo partnerships were successful in securing investors. Thus, Orsi had an inherent conflict of interest. Under these circumstances, petitioners cannot show that Orsi reached his decisions independently when he advised them. Orsi cannot be considered a disinterested source. Petitioners' reliance on Orsi was not objectively reasonable. Notwithstanding that petitioners failed to produce a copy of any prospectus or any tax opinion prepared by Nunez, petitioners' reliance on such material also cannot be said to be reasonable. Reliance on offering materials is not an adequate defense to negligence. Gollin v. Commissioner, supra. As for petitioners' contention that they are not liable for the additions to tax due to negligence because they relied on thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011