- 15 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011