- 15 - or analysis. Petitioners failed to show that Mr. Hulse had the expertise and knowledge of the pertinent facts to provide informed advice on the investment in Blythe II. See Freytag v. Commissioner, 89 T.C. at 888. Accordingly, petitioners failed to establish that their reliance on the advice of Mr. Hulse was reasonable or in good faith. See Glassley v. Commissioner, supra. The Court next examines petitioners' reliance on the advice of Mr. Sheets. Mr. Sheets had no background or expertise in the areas of agriculture or jojoba plants. In fact, it appears that nearly all of the previous investments recommended to petitioners by Mr. Sheets had been real estate investments, and Blythe II was the first investment of an agricultural nature advocated by him. More importantly, because Mr. Sheets had a personal profit motive in selling this investment to clients, he had a conflict of interest in advising petitioners to purchase the limited partnership interests.10 The advice petitioners allegedly received from Mr. Sheets 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. 10 Petitioner acknowledged in his testimony that he knew Mr. Sheets 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
Last modified: May 25, 2011