Anthony B. and Jill Serfustini - Page 15




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          partnership would have qualified for deductions under section               
          174.                                                                        
               The Court finds it notable that Mr. Meyers had no                      
          educational background or experience in agricultural pursuits in            
          general, or jojoba plants in particular.  At trial, petitioner              
          suggested that Mr. Meyers had a "major" client who commercially             
          produced alfalfa plants, and that this should have, in some way,            
          granted Mr. Meyers specialized knowledge in the area of                     
          agricultural investments.  When questioned by the Court about the           
          similarities between jojoba plants and alfalfa plants, petitioner           
          responded:  "The principles are the same.  It's a product that              
          grows in the ground and you plant it, you harvest it, you worry             
          about the logistics of feed, of fertilizer, of labor costs."                
          Petitioner made such assertions while, nevertheless, admitting              
          his knowledge that the important byproducts of alfalfa plants               
          differ from the important jojoba byproducts touted in the Blythe            
          II offering.  Additionally, with all due respect to petitioner,             
          the Court feels certain that such a generalized analysis of the             
          agriculture business is not a reasonable or sufficient basis for            
          assessing the commercial prospects of growing jojoba plants.                
               There is no evidence in the record to suggest that                     
          petitioners ever questioned Mr. Meyers 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.             





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