James D. Barber and Betty L. Barber - Page 35




                                       - 35 -                                         
               At trial, petitioner admitted understanding that if he                 
          invested in Whitman, then Winer, as promoter, would receive a               
          commission based on petitioner’s purchase of an interest in the             
          partnership.  Petitioner also admitted that he looked at the                
          offering memorandum and therefore should have known, if he did              
          not know in fact, that Winer stood to benefit financially in the            
          other ways enumerated above.  See Addington v. Commissioner, 205            
          F.3d at 59.                                                                 
               Pleas of reliance have also been rejected when neither the             
          taxpayer nor the adviser knew anything about the nontax business            
          aspects of the contemplated venture.  See id. at 58 (“In general,           
          it is unreasonable to rely on an adviser who lacks knowledge                
          about the industry in which the taxpayer is investing.”); Freytag           
          v. Commissioner, supra; Beck v. Commissioner, 85 T.C. 557 (1985);           
          see also Patin v. Commissioner, 88 T.C. 1086, 1131 (1987), affd.            
          without published opinion 865 F.2d 1264 (5th Cir. 1989), affd.              
          sub nom. Gomberg v. Commissioner, 868 F.2d 865 (6th Cir. 1989),             
          affd. sub nom. Skeen v. Commissioner, 864 F.2d 93 (9th Cir.                 
          1989), affd. per curiam without published opinion sub nom.                  
          Hatheway v. Commissioner, 856 F.2d 186 (4th Cir. 1988); Klieger             
          v. Commissioner, T.C. Memo. 1992-734.  Insofar as Winer is                  
          concerned, Winer did not have an engineering background, and he             
          was not an expert in either plastics materials or plastics                  
          recycling.  Moreover, Winer never represented that he possessed             






Page:  Previous  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  Next

Last modified: May 25, 2011