Rodney M. Fujiyama and Vicki Ann Fujiyama - Page 4




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          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.                                                                   





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