Thomas N. Carmena - Page 14




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               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 this            





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