- 14 - 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 thePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011