- 14 - acted on their fascination with the idea of participating in a jojoba farming venture and their satisfaction with tax benefits of expensing their investments, which were clear to them from the promoter’s presentation. They passed the offering circular by their accountants for a "glance" * * *. Similarly, petitioner in this case acted on an enthusiasm for the potential uses of jojoba and acted with knowledge of the tax benefits of making the investment. This record fails to reflect with any certainty that Mr. Salgo actually rendered any advice to petitioner in connection with Utah I. However, the record suggests that what little advice Mr. Salgo may have given to petitioner was highly generalized and based primarily on a mere cursory review of the offering rather than on independent knowledge, research, or analysis. Petitioner failed to show that Mr. Salgo had the expertise and knowledge of the pertinent facts to provide informed advice on the investment in Utah I. See Freytag v. Commissioner, 89 T.C. at 888. Accordingly, petitioner failed to establish that his reliance on the advice of Mr. Salgo was reasonable or in good faith. See Glassley v. Commissioner, supra. The Court next examines petitioner's reliance on the advice of Dr. Stephan. Dr. Stephan had no background or expertise in the areas of agriculture or jojoba plants. More importantly, because Dr. Stephan earned a commission on each sale of Utah I interests, and thus had a personal profit motive in selling thisPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011