- 8 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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