- 40 - A: Right. Complex tax questions, things like that. In sum, we do not think that petitioner’s professed reliance on his brother’s advice was reasonable. C. Petitioner’s Reliance on Thompson Petitioner does not contend that he relied on Thompson in making the investment in Whitman. However, after having made the investment, petitioner contends that he relied on Thompson in claiming the associated tax benefits on his income tax returns. Petitioner also contends that such reliance was reasonable. We acknowledge that neither Thompson nor his firm had any relationship with either Winer or Whitman. However, for the following reasons we disagree that petitioner’s professed reliance on Thompson was reasonable. First, Thompson was not an investment adviser. Indeed, he did not consider himself qualified to provide investment advice, and his practice was not to provide such advice. Thompson did not purport to, nor did he, provide petitioner with investment advice. Cf. Anderson v. Commissioner, 62 F.3d 1266, 1268 (10th Cir. 1995) (wherein the taxpayers relied on their own investment adviser regarding the soundness of their investment), affg. T.C. Memo. 1993-607. Second, Thompson did not have any specialized knowledge regarding the plastics recycling industry. In addition, Thompson did not have any specialized knowledge regarding the nontaxPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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