Anthony B. and Jill Serfustini - Page 20




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          9 that the general partner "has limited experience in dealing in            
          Jojoba beans and is mainly relying on the R&D Contractor to                 
          develop technology and plant cultivars over the term of the R&D             
          Agreement", contrasted with the statement on page 34 that the               
          general partner "pioneered the development of the Blythe Airport            
          as an alfalfa ranch and jojoba farming in Desert Center" and was            
          "familiar with the development of jojoba, citrus, vineyards,                
          alfalfa and asparagus."  Such inconsistencies should have raised            
          a healthy suspicion in the mind of a reasonable and ordinarily              
          prudent investor, even one lacking any legal, tax, or                       
          agricultural background.  However, petitioner testified that,               
          before committing to invest some $33,000 in Blythe II, he did not           
          even bother to read the offering, nor did he make an effort to              
          have the investment explained to him.  Moreover, petitioners                
          failed to monitor the progress of their investment after                    
          purchasing the limited partnership interests.                               
               The Court is mindful that the Court of Appeals for the Ninth           
          Circuit (Ninth Circuit), the court to which an appeal in this               
          case would lie, has held that experience and involvement of the             
          general partner and the lack of warning signs could reasonably              
          lead investors to believe they were entitled to deductions in               
          light of the undeveloped state of the law regarding section 174.            
          See Kantor v. Commissioner, 998 F.2d 1514 (9th Cir. 1993), affg.            
          in part and revg. in part T.C. Memo. 1990-380.  In its holding,             





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