- 26 - jojoba, and I–-and that was the primary reason I invested in it.” Petitioner also contends that he reasonably relied on advice from a professor at the University of California at Riverside, a Dr. Yermanos. This individual did not testify at trial, so we do not know first hand what advice he may have given or on what basis such advice may have been rendered.21 However, the record suggests that petitioner never compensated Dr. Yermanos for his time and that Dr. Yermanos may have merely opined on whether the jojoba industry as a whole could become profitable.22 There is nothing in the record to suggest that petitioner ever discussed the details of San Nicholas with Dr. Yermanos or that Dr. Yermanos even knew about the existence of that partnership. In short, petitioner’s testimony concerning Dr. Yermanos is too amorphous for us to conclude that whatever advice Dr. Yermanos may have provided was sufficiently informed to absolve petitioner from liability for the additions to tax for negligence. Finally, petitioner relies heavily on Krause v. Commissioner, 99 T.C. 132 (1992), affd. sub nom. Hildebrand v. Commissioner, 28 F.3d 1024 (10th Cir. 1994). That case, however, is distinguishable on its facts. 21 We note that no mention is made of a Dr. Yermanos in Utah Jojoba I Research v. Commissioner, T.C. Memo. 1998-6. 22 Remarkably, Dr. Yermanos apparently admitted to petitioner that he, i.e., Dr. Yermanos, had not been successful in convincing anyone to enter the field of jojoba.Page: 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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