Seymour and Phyllis C. Bronson - Page 15




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               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 argue            






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