- 15 - Petitioners analogize their cases to Anderson v. Commissioner, 62 F.3d 1266, 1271 (10th Cir. 1995), affg. T.C. Memo. 1993-607. In Anderson, the taxpayer relied on both an investment adviser and an accountant in making his investment. The Court of Appeals, although it affirmed the decision of the Tax Court that the taxpayers were liable for additions to tax for negligence, found that reliance on the investment adviser, who received a commission for selling the investment to the taxpayer, was reasonable under the circumstances of the case. Cf., e.g., Carmena v. Commissioner, T.C. Memo. 2001-177 (financial adviser receiving commissions for sale of investments had inherent conflict of interest in advice given to investors). However, the Court of Appeals stressed that the investment adviser--an independent insurance agent and registered securities dealer--was a good friend of the taxpayer and was not affiliated with the investment the taxpayers entered into. Anderson v. Commissioner, supra at 1271. The present cases are distinguishable from Anderson in two important respects. First, in the cases at hand, Mr. Trimboli was involved with principals of the investment prior to the creation of the partnership. In particular, he was in contact with Mr. Cole, who was to become the general partner of Arid Land, and with Mr. Pace, who was to become the president of the research and development contractor. Although petitioners arguePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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