- 22 - 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 beenPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011