- 18 - selling and managing interests in Jojoba, yet they did not endeavor to independently examine or monitor this investment or otherwise seek independent advice regarding the tax consequences of their investment. It is unreasonable to make investment decisions based solely on the advice of an interested party. Hill v. Commissioner, T.C. Memo. 1993-454. The Myerses neglected to seek any independent advice although the offeree questionnaire, subscription agreement, and PPM repeatedly urged petitioners to do so and were replete with warnings of the risks associated with the investment and its tax consequences. Petitioners have not demonstrated that the Myerses exercised reasonable care in deciding whether to invest in Jojoba and how to report the tax consequences of that investment or that they reasonably relied on Mr. Matsuda’s advice regarding the Jojoba investment. Accordingly, we hold that petitioners are liable for the additions to tax for negligence under section 6653(a) with respect to the underpayments for the taxable years before us. III. Conclusion We have carefully considered all remaining arguments made by petitioners for contrary holdings and, to the extent not discussed, conclude they are irrelevant or without merit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011