- 12 - Secondly, in making his investment in Utah I, petitioner purportedly relied on the advice of his certified public accountant, Mr. Salgo, and Dr. Stephan, who was selling interests in the partnership and receiving commissions for each sale. Mr. Salgo testified that Dr. Stephan was the first person to present him with a copy of the offering and that was for the purpose of Mr. Salgo's own potential investment in Utah I. Mr. Salgo could not specifically remember whether petitioner actually forwarded a copy of the offering to him for review, nor could Mr. Salgo remember actually discussing the partnership with petitioner or rendering any sort of advice with respect to petitioner's potential investment therein.8 Mr. Salgo did not provide a written opinion to petitioner in connection with Utah I, nor did Mr. Salgo conduct any independent research or consult any type of agricultural or jojoba plant expert about the investment. The record in this case indicates that, if indeed Mr. Salgo rendered any advice at all to petitioner about Utah I, Mr. Salgo relied solely on the representations made in the offering in giving such advice. Moreover, the record lacks evidence to show whether Mr. Salgo had any previous experience with the deductibility of 8 Notably, petitioner was also unable to recall whether he delivered a copy of the offering to Mr. Salgo, or whether Mr. Salgo specifically rendered any advice to him with respect to his potential investment in Utah I.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011