- 3 - Investment in Jojoba Research Partners, Hawaii In 1982, petitioner’s accountant, Robert Mihara, introduced petitioner to an investment opportunity in a limited partnership known as Jojoba Research Partners, Hawaii (Jojoba). Jojoba had entered into agreements with U.S. Agri-Research and Development Corp. (Agri-Research) under which Agri-Research would provide agricultural research and development services with respect to the growing of jojoba plants. In connection with its activities, Jojoba planned to deduct research and development expenditures under section 174, which, it expected, would generate tax benefits for its investors. Petitioner believes, but is not certain, that he reviewed a private placement memorandum (PPM) and a tax opinion letter in connection with his proposed investment in Jojoba.3 He also consulted his accountant, Mr. Mihara. The PPM, dated October 28, 1982, stated: “THIS OFFERING INVOLVES A HIGH DEGREE OF RISK”. The PPM also stated: PROSPECTIVE INVESTORS ARE CAUTIONED NOT TO CONSTRUE THIS MEMORANDUM OR ANY PRIOR OR SUBSEQUENT COMMUNICATIONS AS CONSTITUTING LEGAL OR TAX ADVICE. * * * INVESTORS ARE URGED TO CONSULT THEIR OWN COUNSEL AS TO ALL MATTERS CONCERNING THIS INVESTMENT. PRIOR TO THE SALE OF ANY UNITS, EACH PURCHASER AND/OR HIS OFFEREE REPRESENTATIVE SHALL HAVE THE OPPORTUNITY TO ASK QUESTIONS OF THE GENERAL PARTNER 3Petitioner conceded that, even if he did review the PPM before making his investment, he probably did not read the entire document.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011