Anthony B. and Jill Serfustini - Page 19




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          the R&D of jojoba plants and their potential commercial usage, if           
          any.  Again, a reasonable and ordinarily prudent investor would             
          have at least attempted to make this type of inquiry under the              
          circumstances.12                                                            
               Petitioners were not naive investors and should have                   
          recognized the need for independent professional advice.  See               
          LaVerne v. Commissioner, 94 T.C. 637, 652 (1990), affd. without             
          published opinion 956 F.2d 274 (9th Cir. 1992), affd. in part               
          without published opinion sub nom. Cowles v. Commissioner, 949              
          F.2d 401 (10th Cir. 1991); Glassley v. Commissioner, supra.  In             
          fact, the offering cautioned that prospective investors should              
          not "construe this memorandum or any prior or subsequent                    
          communications as constituting legal or tax advice" and urged               
          investors to "consult their own counsel as to all matters                   
          concerning this investment."  The offering was replete with                 
          statements, including the cover page statement that "THIS                   
          OFFERING INVOLVES A HIGH DEGREE OF RISK", warning of tax risks              
          involved with the investment and the highly speculative nature of           
          the commercial viability of the jojoba plant.  The offering                 
          contained inconsistent information, such as the statement on page           



               12   In Utah Jojoba I Research v. Commissioner, T.C. Memo.             
          1998-6, the Court noted that there were experimental jojoba                 
          plantations located at the University of California at Riverside,           
          California, of which the general partner of Blythe II, Mr.                  
          Kellen, was aware.                                                          





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