Myron Barlow and Arlene Barlow - Page 30




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          Cir. 1992), affd. without published opinion sub nom. Cowles v.               
          Commissioner, 949 F.2d 401 (10th Cir. 1991).  Advice from such               
          individuals "is better classified as sales promotion".  Vojticek             
          v. Commissioner, T.C. Memo. 1995-444.                                        
               Pleas of reliance have also been rejected when neither the              
          taxpayer nor the advisers purportedly relied on by the taxpayer              
          knew anything about the nontax business aspects of the                       
          contemplated venture.  See Freytag v. Commissioner, supra; Beck              
          v. Commissioner, 85 T.C. 557 (1985).  Thus, petitioner’s                     
          professed reliance on Gordon’s advice was not reasonable.  See               
          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.                                           
               Petitioner claims that he did not know that Gordon was                  
          financially interested in Dickinson.  Yet in signing the                     
          subscription agreement, petitioner assumed that Gordon was the               
          purchaser representative, and the offering memorandum clearly                
          stated that Dickinson would pay “fees of purchaser                           
          representatives and selling commissions” from the proceeds of the            
          offering in an amount equal to 10 percent of the aggregate price             






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