Richard E. & Elizabeth S. Nilsen - Page 16




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          competence to give such advice and the clear presence of a                  
          conflict of interest.  See Rybak v. Commissioner, 91 T.C. 524,              
          565 (1988).  Petitioners' reliance on the advice of Mr. Sheets              
          was unreasonable under the circumstances.                                   
               Outside of Mr. Mathis and Mr. Sheets, petitioner's sole                
          inquiry into the viability of this partnership's operations was             
          his contact with a jeweler, Mr. Huntington, who advised                     
          petitioner that there were concerns in the watch industry about             
          the lack of availability of sperm whale oil as a lubricant and              
          the prospects for any viable substitute for this oil.  The Court            
          finds it notable that the offering listed at least fifteen                  
          "potential uses of jojoba nuts", only one of which was a                    
          lubricant substitute for sperm whale oil; yet, petitioners chose            
          to explore only one of those potential uses by contacting a local           
          jeweler.  Some other potential uses listed in the offering were             
          cosmetics, shampoos and soaps, sunscreens, pharmaceuticals,                 
          cooking oils, disinfectants, polishing waxes, corrosion                     
          inhibitors, candles, animal feed supplements, and fertilizer.               
          Being a physician, it seems logical that petitioner would have              
          had some access to information about the use of jojoba in the               
          pharmaceutical arena; however, petitioner failed to pursue this             
          possibility.  Petitioners' failure to investigate any of the                
          other enumerated potential uses of jojoba plants was unreasonable           
          under the circumstances.                                                    





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