Richard E. & Elizabeth S. Nilsen - Page 15




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          Similarly, petitioners in these cases acted on their 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. Mathis           
          was highly generalized and based primarily on a mere cursory                
          review of the offering rather than on independent knowledge,                
          research, or analysis.  Petitioners failed to show that Mr.                 
          Mathis had the expertise and knowledge of the pertinent facts to            
          provide informed advice on the investment in Blythe II.  See                
          Freytag v. Commissioner, 89 T.C. at 888.  Accordingly,                      
          petitioners failed to establish that their reliance on the advice           
          of Mr. Mathis was reasonable or in good faith.  See Glassley v.             
          Commissioner, supra.                                                        
               The Court next examines petitioners' reliance on the advice            
          of Mr. Sheets.  Mr. Sheets had no background or expertise in the            
          areas of agriculture or jojoba plants.  In fact, nearly all of              
          the previous investments recommended to petitioners by Mr. Sheets           
          had been real estate investments, and Blythe II was the first               
          investment of an agricultural nature advocated by him.  Also,               
          because Mr. Sheets was a salesperson for this investment, he had            
          a personal profit motive, and thus a conflict of interest, in               
          advising petitioners to purchase the limited partnership                    
          interests.  The advice petitioners allegedly received from Mr.              
          Sheets fails as a defense to negligence due to his lack of                  





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