Keith E. and Marilyn B. West - Page 22




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          knew or should have known to exercise caution in relying upon the           
          seller’s representative for advice as to whether they should buy.           
               On this record, we hold that it was not reasonable for                 
          petitioners to claim substantial tax credits and partnership                
          losses on the basis of Mejia’s, Grande’s, or Maki’s advice.                 
          Neither Grande nor Maki had the requisite expertise or knowledge            
          of the pertinent facts to provide informed advice regarding the             
          claimed partnership losses and tax credits.  A taxpayer may rely            
          upon his adviser’s expertise, but it is not reasonable or prudent           
          to rely upon an adviser regarding matters outside of his field of           
          expertise or with respect to facts that he does not verify.  See            
          David v. Commissioner, supra at 789-790; Goldman v. Commissioner,           
          39 F.3d 402, 408 (2d Cir. 1994); Freytag v. Commissioner, 89 T.C.           
          849 (1991); Sann v. Commissioner, supra.  Moreover, as indicated            
          above, in these cases there is no credible evidence that either             
          of them offered advice beyond his limited area of knowledge                 
          relating to the technical tax aspects of the transaction.                   
          Petitioners’ purported reliance on Mejia’s advice was also                  
          unreasonable.  We have consistently held that advice from such              
          persons is better classified as sales promotion.  See Singer v.             
          Commissioner, T.C. Memo. 1997-325; Sann v. Commissioner, supra;             
          Vojticek v. Commissioner, T.C. Memo. 1995-444.  We note that in             
          these cases, Mejia did not testify, and that circumstance                   
          suggests that if he had testified, that testimony would have been           






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