- 14 - promoter’s presentation. They passed the offering circular by their accountants for a "glance" * * *. Similarly, petitioner here acted on his enthusiasm for the potential uses of jojoba and acted with knowledge of the tax benefits of making the investment. The evidence in this record suggests that the nature of the advice given by Mr. McDevitt 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. McDevitt had the expertise and knowledge of the pertinent facts to provide informed advice on the investment in Blythe I. See Freytag v. Commissioner, 89 T.C. at 888. Accordingly, petitioner failed to establish that his reliance on the advice of Mr. McDevitt was reasonable or in good faith. See Glassley v. Commissioner, supra. The Court next examines petitioner's reliance on the advice of Mr. Moore. Petitioner admitted that he relied heavily on the advice of Mr. Moore and the information contained in the offering in making his investment in Blythe I. Yet, Mr. Moore also had no background or expertise in the areas of agriculture or jojoba plants. In fact, it appears that nearly all other potential investments recommended to petitioner by Mr. Moore in his financial analysis were real estate investments, and that Blythe I was the only investment of an agricultural nature advocated byPage: 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