Domingo A. Lopez - Page 14




                                               - 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 by                           





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