Anthony N. and Marie M. Finazzo - Page 26





                                       - 26 -                                         
              satisfaction with tax benefits of expensing their                       
              investments, which were clear to them from the                          
              promoter’s presentation.  They passed the offering                      
              circular by their accountants for a “glance” * * *.                     
         The record in the present case suggests that whatever advice Mr.             
         Kellen may have given was nothing more than a generalized                    
         affirmation to invest in jojoba.  Indeed, at trial, petitioner               
         testified as follows:                                                        
              Bill was probably a major influence on our investment                   
              with jojoba.  You know, Bill was very excited about it                  
              and, you know, he talked to us like a Dutch uncle, you                  
              might say.  He was very, very high on the jojoba                        
              investment.                                                             
              Petitioners also contend that petitioner reasonably relied on           
         advice from Mr. Pace.  The short answer to this contention is that           
         at no time relevant to this case did petitioner ever meet Mr.                
         Pace.  But if what petitioners mean is that petitioner relied on a           
         videotape in which Mr. Pace appeared, see supra note 15, then                
         suffice it to say that reliance on a promotional videotape                   
         produced by the sole contractor (here, U.S. Agri) of the promoter            
         does not constitute due care, see, e.g., Addington v.                        
         Commissioner, 205 F.3d at 59 (“It is unreasonable for taxpayers to           
         rely on the advice of someone who they know has a conflict of                
         interest.”).                                                                 
              Petitioners also contend that petitioner reasonably relied on           
         advice from a professor at the University of California at                   
         Riverside, a Dr. Yermanos, an individual whom petitioners regard             






Page:  Previous  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  Next

Last modified: May 25, 2011