- 19 - partnership investment to petitioner should have put petitioner on guard that Freedman was engaged in selling rather than acting as an independent adviser. “It is unreasonable for taxpayers to rely on the advice of someone who they know has a conflict of interest.” Addington v. Commissioner, 205 F.3d at 59; see also Goldman v. Commissioner, 39 F.3d at 408; LaVerne v. Commissioner, 94 T.C. at 652. Likewise, Jacobson’s affiliation with Freedman should have made petitioner wary of his recommendation. Jacobson was employed by Freedman’s accounting firm, H.W. Freedman & Co. H.W. Freedman & Co. prepared the tax returns for ECI, F&G, and partnerships engaged in plastics recycling transactions. See Provizer v. Commissioner, supra. Freedman was also named in the offering memorandum as president of F&G, lessors of the recyclers. Petitioner acknowledged at trial that Jacobson “was more heavily involved in the investment than [petitioner] realized”. Petitioner should have examined Jacobson’s motives for recommending the investment. As a real estate attorney, petitioner should have known to exercise caution in relying upon his advice. Petitioner’s testimony suggests that in investing in the partnership he never had a profit motive beyond anticipated tax savings. When asked at trial whether he expected that he would receive a positive cashflow from his investment in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011