Richard L. and Kathryn Dyckman - Page 8




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          their best interest.  Given the relationship of the parties and             
          the level of sophistication involved, petitioners acted                     
          reasonably.                                                                 
               We have also considered other factors in holding                       
          petitioners' actions to be reasonable.  For example, petitioners'           
          sole motivation for making the investment was to provide for                
          their retirement.  Petitioners did not invest as a means to                 
          obtain tax benefits, nor were petitioners even aware that their             
          investment was in a partnership designed to produce tax benefits.           
          Hence, petitioners were not motivated by an offering of                     
          improbable tax advantages or sizeable tax deductions.  Compare              
          Wolf v. Commissioner, 4 F.3d 709, 715 (9th Cir. 1993) ("We need             
          look no farther than * * * [the partnership's] own marketing                
          literature to hold that the tax court's findings of negligence              
          are not clearly erroneous: the prospectus focused primarily on              
          the tax benefits of the investment, and established on its face             
          that a profit was highly unlikely."), affg. T.C. Memo. 1991-212;            
          Pasternak v. Commissioner, 990 F.2d 893, 902 (6th Cir. 1993)                
          (holding reasonably prudent person should investigate claims when           
          they are likely "too good to be true"), affg. Donahue v.                    
          Commissioner, T.C. Memo. 1991-181; Collins v. Commissioner, 857             
          F.2d 1383, 1386 (9th Cir. 1988) ("The discussions in the                    
          prospectus of high write-offs and the risk of audits should have            
          alerted taxpayers that their deductions were questionable at                
          best."), affg. Dister v. Commissioner, T.C. Memo. 1987-217.                 



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