- 14 - Despite his relative inexperience with the deductibility of research and development expenses, however, Mr. Mathis failed to conduct any independent investigation to determine whether the specific research and development proposed to be conducted by or on behalf of the partnership would have qualified for deductions under section 174. It is also notable that Mr. Mathis had no educational background or experience in the area of agricultural pursuits. There is no evidence in the record to suggest that petitioners ever questioned Mr. Mathis about the facts and/or legal analysis upon which he based his recommendations. Further, the record is devoid of any evidence that petitioners asked Mr. Mathis to explain the Blythe II investment to them, particularly those portions of the offering that they had opted not to read or apparently were unable to understand. The facts in these cases are similar to those in Glassley v. Commissioner, T.C. Memo. 1996-206, in which this Court found that the taxpayers: acted on their fascination with the idea of participating in a jojoba farming venture and their satisfaction with tax benefits of expensing their investments, which were clear to them from the promoter’s presentation. They passed the offering circular by their accountants for a "glance" * * *.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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