- 16 - affg. Dister v. Commissioner, T.C. Memo. 1987-217; Sacks v. Commissioner, T.C. Memo. 1994-217, affd. 82 F.3d 918 (9th Cir. 1996). The total of investment and energy tax credits ostensibly generated by the partnership and claimed by petitioner was almost 1-1/2 times his cash investment. In addition, petitioner claimed over $10,000 as a partnership loss. Consequently, like the taxpayers in Provizer v. Commissioner, T.C. Memo. 1992-177, “except for a few weeks at the beginning, [petitioner] never had any money in the * * * [partnership].” The disproportionately large tax benefits claimed on petitioner’s Federal income tax return, relative to the dollar amount invested, should have alerted petitioner to the need for further investigation of the partnership transactions. Any reliance petitioner may have placed on the materials in the offering memorandum was unreasonable in light of the memorandum’s specific warnings that potential investors should not rely on the statements or opinions contained in it and that they should seek independent advice. See Collins v. Commissioner, supra at 1386. The tax opinion letter prepared by Boylan & Evans included with the offering memorandum also expressly cautioned prospective investors such as petitioner not to rely upon the letter. Moreover, the tax opinion made clear that no independent evaluation of the transactions involved in this case wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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