James D. Barber and Betty L. Barber - Page 40




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                    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 nontax                 





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