- 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 regardPage: 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