- 15 - investment to clients, he had a conflict of interest in advising petitioner to purchase the limited partnership interests.9 The advice petitioner allegedly received from Dr. Stephan fails as a defense to negligence due to his lack of competence to give such advice and the clear presence of a conflict of interest. See Rybak v. Commissioner, 91 T.C. 524, 565 (1988). Petitioner's reliance on the advice of Dr. Stephan was unreasonable under the circumstances. Outside of Mr. Salgo and Dr. Stephan, petitioner made no other inquiry into the viability of this partnership's proposed research and operations. The Court finds it notable that the offering listed at least 15 "potential uses of jojoba nuts", yet petitioner failed to explore the plausibility of any of those potential uses. Some of the potential uses listed in the offering were various lubricants for high-speed or high- temperature machinery, cosmetics, shampoos and soaps, sunscreens, pharmaceuticals, cooking oils, disinfectants, polishing waxes, corrosion inhibitors, candles, animal feed supplements, and fertilizer. Being a physician, it seems logical that petitioner would have had some access to information about the use of jojoba in the pharmaceutical arena; however, petitioner failed to pursue 9 Petitioner acknowledged in his testimony that he believed Dr. Stephan was receiving commissions for finding investors to purchase the limited partnership interests.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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