Anthony B. and Jill Serfustini - Page 14




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          therefore, the details in this record surrounding his advice to             
          petitioners about Blythe II are scant.  Petitioner provided Mr.             
          Meyers with a copy of the offering and asked Mr. Meyers to review           
          the same and advise petitioners whether or not to invest in                 
          Blythe II.  Mr. Meyers advised petitioner that Blythe II "looked            
          okay" to him and that the promoters, in petitioner's words, were            
          "not trying to pull any funny stuff".  Petitioner admitted that             
          he sought Mr. Meyers' advice only with respect to the tax aspects           
          of the investment.  The record is devoid of any evidence to show            
          that Mr. Meyers gave petitioners a written opinion about the                
          investment, or that he conducted any independent research or                
          consulted any type of agricultural or jojoba plant expert about             
          the investment.  The record in this case indicates that Mr.                 
          Meyers relied solely on the representations made in the offering            
          in rendering his advice to petitioners.                                     
               Moreover, the record lacks evidence to show whether Mr.                
          Meyers had any previous experience with the deductibility of                
          research and development expenses at the time he advised                    
          petitioners about Blythe II.  These types of expenses would have            
          allowed petitioners certain tax benefits above and beyond what              
          would have been provided by an ordinary business deduction.                 
          There is no evidence in the record to suggest that Mr. Meyers               
          conducted any independent investigation to determine whether the            
          specific R&D proposed to be conducted by or on behalf of the                





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