- 45 - benefits might expose his investment to be the tax shelter it clearly was. In this regard, we are convinced that petitioner consulted Thompson in order to provide “cover” and “plausibility”; likewise, we are convinced that petitioner was determined to “interpret” whatever advice that he received as justification for the tax benefits that he had purchased. In sum, we do not think that petitioner’s professed reliance on Thompson was reasonable. See, e.g., Addington v. Commissioner, 205 F.3d 54 (2d Cir. 2000), affg. Sann v. Commissioner, T.C. Memo. 1997-259. D. Other Matters Petitioners contend that investors such as themselves should not be burdened with the obligation of performing independent investigations of the ventures in which they invest. In petitioners’ view, such a requirement would impose an economic burden and prevent taxpayers such as themselves from investing. As applicable to the present cases, however, this argument is flawed in that it virtually presumes, among other things that: Petitioner should not have been expected to carefully read the offering memorandum; petitioner should not have been expected to consider the numerous caveats and warnings regarding the business and tax risks inherent in the Whitman investment; petitioner was not principally motivated by the prospect of receiving immediate tax benefits in excess of his investment; and petitioner wasPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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