Anthony N. and Marie M. Finazzo - Page 27





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         as an expert in jojoba.18  Yet the record demonstrates that                  
         petitioner never spoke with this individual.19  At best, petitioner          
         merely visited the university and “looked at some of the                     
         documentations that Dr. Yermanos had prepared” regarding the                 
         jojoba plant.  In short, there is simply nothing in the record to            
         indicate that this individual provided any advice to petitioner              
         that would absolve petitioners from liability for the additions to           
         tax for negligence.                                                          
              Petitioners contend that petitioner reasonably relied on                
         advice from Mr. Maryanov concerning the proper tax treatment of              
         the partnership loss at the time that their 1983 tax return was to           
         be filed.  However, this individual did not testify at trial, so             
         we do not know first hand what knowledge or experience he may have           
         had regarding either jojoba or the deductibility of R&D expenses,            
         what advice he may have given, or on what basis any such advice              
         may have been rendered.  The record establishes only that Mr.                
         Maryanov prepared petitioners’ tax return, relying on the Schedule           





               18 We note that this individual did not testify at trial, so           
          we know essentially nothing about him.  We also note that no                
          mention is made of a “Dr. Yermanos” in Utah Jojoba I Research v.            
          Commissioner, T.C. Memo. 1998-6.                                            
               19 Although Mr. Kellen may have spoken to this individual,             
          there is nothing in the record to even suggest that this                    
          individual knew about the existence of San Nicholas, much less              
          the details regarding the promotion.                                        




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