- 22 - distribution system for jojoba, and the highly speculative nature of the investment. Petitioner ignored these warnings. On brief, petitioner painstakingly dissects portions of the offering memorandum in an attempt to show that he carefully perused what he calls a “business plan”. Petitioner’s piecemeal approach to the offering memorandum ignores the existence of the strong cautionary language. A careful review of the offering memorandum, especially the portion discussing the tax risks, would have caused a prudent investor to question the propriety of the tax benefits. We would certainly expect no less from a well- educated and sophisticated individual such as petitioner. Petitioner contends that he also conducted his own analysis of San Nicholas prior to investing. However, there is no persuasive evidence that petitioner’s “analysis” was based on anything other than the projections set forth in the offering memorandum. See Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Investors were warned, however, that those projections had been prepared for the general partner, had not been audited, and should not be relied on. There is nothing in the record to persuade us that petitioner’s “projections” were ever audited or examined by any disinterested third party. Any reliance on those projections was unreasonable. Petitioner contends that his experience with farming and his reading about jojoba gave him confidence in the viability of hisPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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